Terms of service

OVERVIEW

This website is operated by Kojo Fit. Throughout the site, the terms "we", "us" and "our" refer to Kojo Fit. Kojo Fit offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2A - ACCESSIBILITY AND ASSISTANCE

We are committed to providing an accessible experience for all customers and we are actively working to improve the accessibility of our website and services.

If you experience any difficulty accessing any part of our website or placing an order, please contact us and we will assist you to complete your purchase or access information through an alternative method.

SECTION 2B - ELECTRONIC COMMUNICATIONS

By using the Service, you consent to receive communications from us electronically including emails and notices posted on the website. You agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents 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.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4A - FORCE MAJEURE

We are not liable for any delay or failure to perform any obligation under these Terms where such delay or failure is caused by events outside our reasonable control including supply chain disruption, carrier delays, customs issues, natural disasters, strikes, government action, outages or interruption of telecommunications or payment processing systems.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5A - INTERNATIONAL ORDERS, TAXES AND DUTIES

If you place an order for delivery outside Australia, you acknowledge that your order may be subject to import duties, customs charges, local taxes and fees which are imposed by the destination country. These charges are the responsibility of the customer and we do not control or estimate them.

International delivery timeframes are estimates only and may be affected by customs processing and local courier delays. We are not responsible for delays caused by customs or third-party carriers.

SECTION 5B - SHIPPING AND DELIVERY

Delivery timeframes are estimates only and are not guaranteed.

Where permitted by law, title to and risk in products passes to you upon dispatch to the delivery carrier, except where the Australian Consumer Law requires otherwise.

Orders delivered to the address provided at checkout and marked as delivered by the carrier will be treated as delivered.

We are not responsible for delivery issues caused by incorrect or incomplete address details provided at checkout.

If your parcel is delayed, lost or damaged in transit, we will provide reasonable assistance to lodge a claim with the carrier and support the investigation process.

For higher value orders or orders assessed as higher risk, we may require signature on delivery and or additional verification prior to dispatch.

SECTION 5C - PRODUCT INFORMATION AND SIZING

Product descriptions, sizing guides and fit recommendations are provided as a general guide only. Individual fit preferences and body shape vary and we cannot guarantee a particular fit outcome.

It is your responsibility to review product details and sizing information prior to placing an order. If you require assistance selecting a size, contact us and we will provide guidance.

SECTION 5D - RIGHT OF WITHDRAWAL FOR EU CONSUMERS

If you are a consumer habitually resident in the European Union, you have the right to withdraw from a contract of sale concluded through our online store within 14 days without giving any reason, in accordance with Directive 2011/83/EU as amended by Directive (EU) 2023/2673 and the applicable national implementing legislation. This right applies in addition to our standard Returns Policy and in addition to your rights under Section 13A.

The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and indicated by you, acquire physical possession of the goods, or of the last good in the case of multiple goods ordered in one order and delivered separately.

To exercise the right of withdrawal, you may inform us of your decision to withdraw by an unequivocal statement (for example, a letter sent by post or an email to [SUPPORT EMAIL]), or by using the online withdrawal function made available in our Returns Portal at https://www.kojofit.com/apps/redo/returns-portal/login, which allows you to submit and confirm a withdrawal statement online. If you use the online withdrawal function, we will send you an acknowledgement of receipt of your withdrawal, including its content and the date and time it was submitted, by email without undue delay. You may also use the model withdrawal form set out in our Returns Policy, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. If your order has not yet been fulfilled, you may also request a cancellation via our Returns Portal at the address above, and we will cancel and refund the order in full.

If you withdraw from the contract, we shall reimburse all payments received from you, including the costs of standard delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to contracts for the supply of goods made to your specifications or clearly personalised, or for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. 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 credit card, and or orders that use the same billing and or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 6A - CHARGEBACKS AND FRAUD PREVENTION

We reserve the right to request additional information to verify orders including identity verification, billing verification or proof of authorisation.

If a chargeback is initiated for an order that was legitimately authorised and delivered, we reserve the right to take reasonable steps to recover the amount including restricting future purchases and referring the matter to our payment providers or recovery partners where appropriate.

SECTION 6B - CHARGEBACKS, DISPUTES AND FRIENDLY FRAUD

Where permitted by law, you agree that you will not initiate a chargeback or payment dispute for an order without first contacting us and providing a reasonable opportunity to resolve the issue in accordance with our Returns Policy and customer support process.

If you initiate a chargeback for a transaction that was legitimately authorised by you, or for goods that were delivered and or received, we may take reasonable steps to protect our business including but not limited to: (a) providing transaction, delivery and communication evidence to your bank or card provider (b) suspending or terminating your account and limiting future purchases (c) recovering any loss, fees or costs associated with the chargeback through lawful means including recovery partners (d) reporting suspected fraudulent activity to relevant payment networks and service providers where appropriate

For chargeback disputes, we may provide evidence to payment providers including order details, delivery confirmation, proof of authorisation, address verification and customer communications including any acknowledgement of purchase or receipt.

You acknowledge that we collect and retain electronic records at the time of purchase, including the IP address, device identifiers, browser data and approximate geolocation associated with the order, and you agree that these records, together with successful address verification (AVS) and card security code (CVV) checks, may be relied upon and provided to payment providers as evidence that the transaction was authorised.

You agree that carrier delivery confirmation to the address provided at checkout, including tracking events, proof-of-delivery photographs and GPS delivery data where available, may be relied upon as evidence that the goods were delivered and received.

Where a chargeback is resolved in our favour, or where you initiated a chargeback for a transaction that was legitimately authorised and the goods were delivered, you agree that we may recover from you, as a debt due and payable, the disputed amount together with any chargeback fees, payment processor fees and reasonable administrative and recovery costs we incur.

You acknowledge that we may share order and dispute information with fraud prevention services, payment networks and our payment providers for the purpose of detecting and preventing fraudulent transactions, and that confirmed fraudulent activity may result in your details being recorded with those services.

Submitting a false or misleading claim that an order was not authorised or not received, in order to obtain a refund or chargeback, may constitute fraud and may be reported to relevant authorities.

Nothing in this section limits your rights under the Australian Consumer Law where applicable, or your statutory chargeback rights under applicable card scheme rules and consumer protection laws.

SECTION 6C - ORDER CANCELLATION FOR SUSPECTED UNAUTHORISED PURPOSES

We reserve the right to cancel and refund any order where we reasonably believe the order has been placed for the purpose of product copying, reverse engineering, resale, competitive intelligence, unauthorised commercial use, fraud or abuse of the Service.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and or features through the website (including, the release of new tools and resources). Such new features and or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials 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 responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8A - INTELLECTUAL PROPERTY AND COPYRIGHT

All content on this website including but not limited to product designs, product names, logos, branding, photographs, videos, graphics, text, descriptions, sizing guides, page layouts and website design is owned by or licensed to Kojo Fit and is protected by intellectual property laws.

Kojo Fit, our logos, product names and brand identifiers are trademarks and trade dress owned by Kojo Fit. Unauthorised use is strictly prohibited.

You may not copy, reproduce, modify, republish, upload, post, transmit, scrape, harvest, distribute or exploit any content from this website for commercial purposes without our prior written consent.

We reserve all rights not expressly granted to you.

We reserve the right to enforce our intellectual property rights to the maximum extent permitted by law including issuing takedown notices, seeking injunctive relief and pursuing damages where appropriate.

SECTION 8B - UNAUTHORISED BRAND USE AND RESALE REPRESENTATIONS

You may refer to the Kojo Fit name only for the purpose of identifying a genuine Kojo Fit product, including in a second-hand resale listing.

You must not represent or imply that you are an authorised reseller, distributor, partner, retailer, affiliate or representative of Kojo Fit.

You must not use Kojo Fit as part of any store name, account name, username, handle, domain name, business name or advertising identity, or present any listing or advertisement in a way that suggests endorsement or affiliation by Kojo Fit.

You must not use Kojo Fit logos, product images, photographs, videos, sizing guides, written descriptions or any other Kojo Fit website content in connection with any resale listing or advertisement without our prior written consent.

The sale, advertising, or distribution of counterfeit, replica or unauthorised Kojo Fit products is strictly prohibited. We reserve the right to enforce our intellectual property and trademark rights to the maximum extent permitted by law including issuing takedown notices, seeking injunctive relief and pursuing damages where appropriate.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence (2) to pay compensation for any comments or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. By using the Service, you consent to our collection, use and disclosure of personal information in accordance with that policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose (b) to solicit others to perform or participate in any unlawful acts (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, 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 may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet (h) to collect or track the personal information of others (i) to spam, phish, pharm, pretext, spider, crawl, or scrape (j) for any obscene or immoral purpose or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall Kojo Fit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13A - AUSTRALIAN CONSUMER LAW

Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified.

Where we are permitted by law to limit our liability, our liability is limited at our option to the resupply of the goods or services, or the payment of the cost of having the goods or services supplied again.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kojo Fit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17A - TIME LIMIT TO BRING A CLAIM

To the maximum extent permitted by law, any claim or cause of action arising out of or related to your use of the Service or these Terms must be commenced within 12 months after the claim or cause of action arises, otherwise such claim or cause of action is permanently barred.

SECTION 18 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

You submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia in relation to any dispute arising out of or in connection with these Terms or the Service.

SECTION 18A - DISPUTE RESOLUTION

If you have a dispute with us, you agree to first contact us and attempt to resolve the matter informally. If we cannot resolve the dispute within a reasonable time, either party may commence proceedings in accordance with Section 18.

SECTION 19 - OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.

You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.

We contract with OpenBorder, Inc. together with its subsidiaries (referred to as "OpenBorder") to facilitate international delivery of our products, including the collection and remittance of import duties and local taxes. Kojo Fit remains the seller of record for all orders placed through this website.

If your order is shipping to Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Montenegro, Netherlands, Portugal, Slovakia, Slovenia, Spain, Vatican City where our international shipping is supported by OpenBorder, additional terms and conditions here may apply to you in addition to any relevant terms and conditions imposed in this Terms of Sale.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.