Terms of service

Overview

These Terms of Service govern your use of the Kodiak Form website and any purchase made through our online store.

Throughout these Terms, “Kodiak Form,” “we,” “us,” and “our” refer to Kodiak Form. “You” and “your” refer to any person accessing our website, using our services, or purchasing from us.

By accessing our website, creating an account, placing an order, or otherwise using our services, you agree to these Terms of Service together with any other policies referenced on our website, including our Privacy Policy, Shipping Policy, and Return & Refund Policy.

Please read these Terms carefully before using our website or placing an order. If you do not agree with them, you should not use our website or services.

1. Eligibility and Account Use

By using our website, you confirm that you are legally permitted to enter into a binding agreement in your jurisdiction.

If you create an account, you are responsible for:

  • providing accurate and current information;
  • maintaining the confidentiality of your login details;
  • keeping your account information up to date; and
  • all activity carried out through your account.

You must notify us promptly if you believe your account has been accessed or used without authorization.

You may not use our website or services for unlawful, fraudulent, abusive, or unauthorized purposes.

2. Products

We make reasonable efforts to ensure that product descriptions, photographs, specifications, prices, and other information shown on our website are accurate.

However, product appearance may vary slightly from what is displayed on your screen. This may include differences in colour caused by your device, display settings, lighting conditions, or other factors.

Product availability is not guaranteed. We may:

  • limit quantities;
  • discontinue products;
  • update product information;
  • restrict sales to certain locations; or
  • refuse or cancel an order where reasonably necessary.

Any restrictions will be applied on a reasonable basis and in accordance with applicable law.

3. Orders

Placing an order through our website is an offer to purchase the selected products.

After placing an order, you may receive an order confirmation email acknowledging that we have received your order. This does not necessarily mean that the order has been finally accepted.

An order is considered accepted once it has been processed for fulfilment, subject to successful payment authorization, product availability, fraud screening, and any other necessary verification.

We reserve the right to refuse or cancel an order where reasonably necessary, including where:

  • payment cannot be authorized;
  • a product is unavailable;
  • pricing or product information contains an obvious error;
  • we reasonably suspect fraud or unauthorized activity; or
  • the order violates these Terms.

If we cancel an order after payment has been collected, we will issue the appropriate refund.

Orders are intended for personal or household use unless otherwise agreed. We may limit or refuse quantities that reasonably appear to be intended for unauthorized resale or commercial distribution.

4. Order Changes and Cancellations

If you need to cancel or modify an order, contact us within 6 hours of placing it at contact@kodiakform.com.

We process orders quickly, so we cannot guarantee that a cancellation or modification will be possible, even when requested within this timeframe.

Once an order has entered processing or has been dispatched, it can no longer be cancelled or modified.

Any return after dispatch will be handled in accordance with our Return & Refund Policy.

5. Prices and Payment

All prices displayed on our website are shown in the currency indicated at checkout.

Prices, discounts, promotions, and product availability may change from time to time without prior notice.

The price applicable to your order will normally be the price displayed when you complete checkout, except where there is an obvious pricing or technical error.

You agree to provide accurate, complete, and current payment and billing information when placing an order.

By submitting payment information, you confirm that you are authorized to use the selected payment method and authorize the applicable charges for your purchase.

Payments may be processed by third-party payment providers. Their own terms, privacy practices, fraud controls, and processing requirements may also apply.

6. Discounts and Promotions

Promotional offers may be subject to additional conditions, including:

  • eligibility requirements;
  • minimum purchase amounts;
  • expiration dates;
  • product exclusions;
  • geographical restrictions; and
  • limits on combining promotions.

Unless expressly stated otherwise, promotional offers cannot be combined.

If there is a conflict between these Terms and the specific terms of a promotion, the specific promotional terms will apply to that promotion.

7. Shipping and Delivery

Order processing, estimated delivery times, shipping fees, customs, duties, tracking, lost packages, and delivery-related matters are governed by our Shipping Policy.

Delivery dates are estimates unless we expressly state otherwise.

Delays may occur due to carrier disruptions, customs processing, weather, public holidays, unusually high demand, or other circumstances outside our reasonable control.

Nothing in these Terms limits any responsibility Kodiak Form may have for delivery under applicable consumer protection law.

8. Returns, Refunds and Store Credit

Returns, refunds, store credit, damaged products, defective items, and non-returnable products are governed by our Return & Refund Policy.

Where there is any conflict between this section and the Return & Refund Policy regarding a return or refund, the Return & Refund Policy will apply, subject to any mandatory rights available under applicable law.

9. Accuracy of Information

We make reasonable efforts to ensure that information on our website is complete and accurate.

However, the website may occasionally contain:

  • typographical errors;
  • inaccurate product descriptions;
  • incorrect pricing;
  • incorrect availability information; or
  • other errors or omissions.

We may correct such errors and update information where reasonably necessary.

If an error materially affects an order you have already placed, we will take appropriate steps to notify you and, where necessary, give you the option to confirm or cancel the affected order.

10. Intellectual Property

All content available through the Kodiak Form website, including where applicable:

  • trademarks;
  • logos;
  • brand names;
  • product names;
  • text;
  • images;
  • graphics;
  • videos;
  • designs;
  • website layouts; and
  • other original content,

is owned by Kodiak Form or used under appropriate authorization and is protected by applicable intellectual property laws.

You may use the website only for personal, non-commercial purposes.

You may not copy, reproduce, distribute, publish, modify, sell, license, commercially exploit, or create derivative works from our content without prior written permission, except where permitted by law.

Nothing on the website grants you ownership of any Kodiak Form intellectual property.

11. Third-Party Tools and Services

Our website may use or provide access to tools and services operated by third parties.

These services may include payment processors, delivery providers, analytics services, social media services, integrations, or other external providers.

We do not control all aspects of these third-party services and cannot guarantee that they will always be available, uninterrupted, or error-free.

Your use of third-party services may also be subject to the terms and privacy policies of those providers.

12. Third-Party Links

Our website may contain links to websites or services operated by third parties.

These links are provided for convenience and do not necessarily mean that Kodiak Form endorses or controls the third party.

We are not responsible for the content, availability, security, accuracy, or privacy practices of third-party websites.

You should review the relevant terms and privacy policies before using a third-party service or making a purchase from a third party.

13. Shopify

Our online store is hosted using Shopify.

Shopify provides the e-commerce technology that enables us to operate our online store, but purchases made through the Kodiak Form website are transactions between you and Kodiak Form.

Shopify is not responsible for fulfilling Kodiak Form orders, handling our product warranties, or resolving obligations that belong to Kodiak Form as the seller, except to the extent that Shopify separately provides a specific service directly to you.

Use of Shopify-related functionality may also be subject to Shopify's own terms and policies.

14. Privacy

Your personal information is handled in accordance with our Privacy Policy.

Our website and service providers, including Shopify, may collect and process information necessary to operate the website, process orders, provide customer support, prevent fraud, and improve services.

Please review our Privacy Policy for more information about how personal information is collected, used, stored, and shared.

15. Reviews, Feedback and Other Submissions

If you submit a review, comment, photograph, suggestion, feedback, idea, or other content to Kodiak Form, you confirm that:

  • you have the right to submit it;
  • it does not infringe another person's rights;
  • it does not contain unlawful or malicious content; and
  • it is not misleading or fraudulent.

You grant Kodiak Form permission to use, reproduce, publish, display, and adapt content that you voluntarily submit to us for purposes connected with our business, marketing, website, products, and services, to the extent permitted by applicable law.

You remain responsible for the content you submit.

We may remove content that we reasonably believe is unlawful, abusive, fraudulent, misleading, infringing, or otherwise inappropriate.

16. Prohibited Uses

You may not use the website or services to:

  • violate applicable laws or regulations;
  • infringe intellectual property or privacy rights;
  • submit false or misleading information;
  • impersonate another person;
  • attempt to gain unauthorized access to accounts, systems, or data;
  • distribute viruses, malware, or other harmful code;
  • interfere with the website's operation or security;
  • scrape, crawl, copy, or extract website data through unauthorized automated methods;
  • engage in fraudulent transactions;
  • harass, threaten, abuse, or discriminate against others; or
  • use the services in a manner that could damage Kodiak Form, its customers, or its service providers.

We may suspend or restrict access where we reasonably believe these Terms have been violated.

17. Suspension and Termination

We may suspend or terminate access to our website or services where reasonably necessary, including in cases involving:

  • fraud;
  • misuse of the website;
  • security threats;
  • violation of these Terms; or
  • unlawful activity.

Termination does not affect rights or obligations that arose before termination.

Sections that by their nature should continue after termination will remain in effect.

18. Disclaimer of Warranties

We aim to provide an accurate, reliable, and functional website, but we cannot guarantee that the website will always be uninterrupted, error-free, or available.

To the extent permitted by applicable law, the website is provided on an “as available” basis.

Nothing in these Terms excludes or limits any warranty, guarantee, statutory right, or consumer protection that cannot lawfully be excluded.

19. Limitation of Liability

To the maximum extent permitted by applicable law, Kodiak Form will not be responsible for indirect or consequential losses arising solely from use of the website or services where such losses were not reasonably foreseeable.

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

In particular, these Terms do not exclude or limit any rights or remedies that consumers may have under mandatory consumer protection laws.

20. Indemnification

To the extent permitted by applicable law, you agree to be responsible for losses or claims resulting from your unlawful use of the website, your violation of these Terms, or your infringement of another person's rights.

This section does not require you to compensate Kodiak Form for losses caused by Kodiak Form's own negligence, misconduct, or breach of applicable law.

21. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary.

The remaining provisions will continue to apply.

22. No Waiver

If Kodiak Form does not immediately enforce a provision of these Terms, this does not mean that we waive our right to enforce it later.

A waiver will only be effective where clearly agreed by Kodiak Form.

23. Entire Agreement

These Terms, together with the policies and information expressly incorporated into them, form the agreement between you and Kodiak Form concerning your use of our website and services.

They replace any previous terms covering the same subject matter, unless otherwise expressly agreed.

24. Assignment

You may not transfer your rights or obligations under these Terms to another person without our prior written consent where such consent is legally required.

Kodiak Form may transfer its rights or obligations in connection with a business restructuring, sale, merger, acquisition, or transfer of operations, subject to applicable law.

25. Governing Law

These Terms and any dispute arising from your use of the Kodiak Form website or services will be governed by the laws applicable to Kodiak Form's business, subject to any mandatory consumer protection rights available to you in your country of residence.

The specific governing jurisdiction should be identified in this section once Kodiak Form's contracting legal entity and registered jurisdiction are confirmed.

26. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, services, policies, or applicable requirements.

The current version will always be published on our website.

Changes will apply from the date they are published unless otherwise stated.

Changes will not normally alter the contractual terms of an order that was already completed before the updated Terms took effect, except where required by law.

27. Contact Information

Questions regarding these Terms of Service can be sent to:

Kodiak Form
Email: contact@kodiakform.com