Terms of Service
Effective Date: 23/01/2025
Last Updated: 23/01/2025
Welcome to Kokoro Audio, operated by 4th Bridge Pty Ltd ("we," "us," "our," or "Company"). These Terms of Service ("Terms") govern your access to and use of our website, www.kokoroaudio.com ("Website"), and any products, services, or content provided through the Website (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
By registering for an account, clicking "I accept," or using our Services, you agree to these Terms. If you do not agree, you may not access or use the Services.
It is important that you read all the terms and conditions of the following Terms of Use Agreement (“Terms”) carefully, as they form a binding agreement between you and us. For purposes of these Terms, the words “4th Bridge Pty Ltd,” “we,” and “us” refer to 4th Bridge Pty Ltd (doing business as Kokoro Audio). These Terms, along with any supplemental terms that may be presented to you for your review and acceptance (collectively, the “Agreement”), specify the terms and conditions under which you may use the Kokoro Audio website (“Site”) or mobile application (“Application”) that links to these Terms, or any product, service, or content provided through the Site or Application (collectively, the “Services”).
By registering for an account, clicking on the “I accept” or similar button, or by using, visiting, browsing, downloading, purchasing from, or otherwise using the Services, you accept and agree to be bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE, APPLICATION, OR SERVICES.
These Terms are subject to change by 4th Bridge Pty Ltd at any time, in our sole discretion. We will notify you of any changes by:
If we make any material changes to the Agreement, we will use our best efforts to:
Any changes to the Agreement will be effective:
IF YOU DO NOT AGREE TO THE UPDATED AGREEMENT, YOU MUST STOP USING ALL SERVICES UPON THE EFFECTIVE DATE OF THE UPDATED AGREEMENT. Otherwise, your continued use of any of the Services after the effective date of the updated Agreement constitutes your acceptance of the updated Agreement.
We encourage you to regularly check the Site to view the then-current Agreement. You agree that 4th Bridge Pty Ltd’s continued provision of the Services is adequate consideration for the changes in the updated Agreement.
Please be aware that Section 11 of these Terms contains provisions governing how disputes between you and 4th Bridge Pty Ltd will be resolved, including any disputes that arose or were asserted prior to the “Last Updated Date” at the top of these Terms.
Section 15 includes, among other things, an agreement to arbitrate, which requires, with limited exceptions, that all disputes between you and 4th Bridge Pty Ltd be resolved by binding and final arbitration.
Unless you opt out of the arbitration agreement in accordance with these Terms:
By using the Services, you represent and warrant that:
(a) You are at least 18 years old (or at least 13 years old with parental consent to use the Services);
(b) You are not barred from using the Services under the laws of Australia, your place of residence, or any other applicable jurisdiction;
(c) You are the authorized holder of the credit card or payment method used for your account, or you have express permission from the cardholder to use their payment method; and
(d) You will provide accurate, complete, and up-to-date personal information, and you agree to maintain the accuracy of such information on your “My Account” page.
Subject to your compliance with these Terms, 4th Bridge Pty Ltd grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
If the Application is accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you agree to use the App Store Sourced Application:
(a) Only on Apple-branded products that run iOS (Apple’s proprietary operating system); and
(b) In compliance with the Usage Rules set forth in the Apple App Store Terms of Service.
If the Application is accessed through or downloaded from the Google Play Store (a “Google Play Sourced Application”), you may have additional license rights to use the Google Play Sourced Application on a shared basis within your designated family group, as permitted by Google Play’s terms.
You agree not to:
When you purchase digital content (e.g., audio recordings, music, or other media) in a digital format or streaming audio, and upon your download or access of such content and payment of any applicable fees (including taxes), 4th Bridge Pty Ltd grants you a limited, revocable, non-exclusive, non-transferable license to:
You agree not to:
The license to the Digital Content you purchase will continue for as long as your copy of the Digital Content exists, in accordance with these Terms.
To access certain features of the Services, you may be required to register and become a Registered User. For purposes of this Agreement, a “Registered User” is a user who has registered an account with 4th Bridge Pty Ltd through the Services (“Account”).
When registering an Account, you agree to:
(a) Provide true, accurate, current, and complete information about yourself as prompted by the registration form (“Registration Data”); and
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
You are responsible for all activities that occur under your Account. You agree to:
If you provide any information that is untrue, inaccurate, not current, or incomplete, or if 4th Bridge Pty Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
You agree not to:
4th Bridge Pty Ltd reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates their rights.
You agree not to create an Account or use the Services if you have been previously removed or banned by 4th Bridge Pty Ltd from any of the Services.
Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that:
You must provide all equipment and software necessary to connect to and use the Services, including but not limited to a mobile device that is suitable to connect with and use the Application.
You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
Except where noted otherwise, any list price displayed represents the full retail price listed on the Kokoro Audio content itself, as determined by 4th Bridge Pty Ltd, or as suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. Prices of all digital content are subject to change at any time in 4th Bridge Pty Ltd’s sole discretion. Any pricing changes will be posted on the Kokoro Audio website.
All sales of digital content (“Digital Content”) are final. We do not accept returns of Digital Content.
If you wish to maintain a permanent copy of your purchases, you may download the files to your computer or external hard drive. We highly recommend that you download the files promptly after purchase and create a backup copy.
If you are unable to complete a download after reviewing our online help resources, please contact our customer service team at contact@kokoroaudio.com.
You bear all risk of loss after purchase, including any loss of Digital Content due to a computer or hard drive crash. While purchased Digital Content will generally remain available in your account, it may become unavailable due to content provider licensing restrictions or other reasons. 4th Bridge Pty Ltd will not be liable to you if Digital Content becomes unavailable for further download.
The price for Digital Content that has not yet been released may fluctuate before the release date. When you place a pre-order, the price quoted to you at the time of the pre-order is the price you will pay, regardless of any subsequent price changes.
If the price of the Digital Content increases after your pre-order, 4th Bridge Pty Ltd will honor the price at the time of your pre-order. However, if the price decreases after your pre-order, no refunds or price adjustments will be provided.
Your payment method will be charged at the time of the pre-order for the amount quoted at that time. This Pre-Order Pricing Policy applies only to Digital Content that is not yet released and available for pre-order. It does not apply to items that have already been released and are available for immediate purchase and download.
Active pre-orders can be cancelled by contacting our customer support team at contact@kokoroaudio.com. A customer support representative will assist with cancelling the pre-order and processing a refund, if applicable.
If a pre-order was made using loyalty points or credits, cancelling the pre-order will return the points or credits to your account, subject to the original terms and conditions of the loyalty program.
Completed pre-orders are non-refundable. 4th Bridge Pty Ltd reserves the right to modify or cancel pre-orders, with notice to you.
4th Bridge Pty Ltd may offer a loyalty rewards program, under which customers earn points for purchases made on the Kokoro Audio website. These points can be redeemed for discounts on future purchases, including pre-orders.
The applicable number of points and their corresponding value will be clearly indicated at checkout. If you cancel an order or pre-order for which loyalty points were redeemed, the corresponding points will be refunded to your loyalty account. Similarly, if a purchase made with loyalty points is refunded, the points used for that purchase will be re-credited to your account.
Loyalty points are non-transferable and have no cash value. The use of the loyalty rewards program is governed by the terms and conditions set forth on the Kokoro Audio website.
All items purchased from 4th Bridge Pty Ltd are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
Promotional discount codes are valid for one use per customer account, unless otherwise stated. Codes must be applied at checkout, and we are unable to apply discounts after an order has been placed.
Promotional codes have no cash value and cannot be used to adjust amounts paid on previous purchases. All prices are listed in USD.
Promotions are subject to early expiration, and any dates listed represent the latest date an offer will be valid. We reserve the right to change or end any promotion at any time without notice. Most discounts cannot be combined with other offers or promotions. Not all titles are available in every territory, and exclusions may apply at checkout.
Our library of Digital Content is continually evolving, and we reserve the right to modify or remove Digital Content at any time without notice.
We do not guarantee that any Digital Content will be made available or continue to be available on the website or through the Services. Certain Digital Content may only be available in select territories.
While we hope you can access your Digital Content when traveling, please note that you are solely responsible for any Internet access charges incurred.
We reserve the right, but are not obligated, to:
(i) Remove, edit, or modify any Digital Content at our sole discretion, at any time, without notice, and for any reason (including but not limited to claims or allegations from third parties or authorities, or if we believe you have violated these Terms); or
(ii) Remove or block any Digital Content from the Services.
You may only use the Services for your own individual, personal, and non-commercial purposes. You agree that you will not:
Content from the Services (including, without limitation, Digital Content) may be used and played for your personal, non-commercial use only. You agree not to:
Additionally, the following activities are prohibited:
We encourage all of our customers to write reviews of their recent listens. To maintain respectful discussions and prevent spam or abuse, our team may evaluate such reviews.
You acknowledge and agree that:
We have zero tolerance for reviews or other User Content that are threatening, offensive, or inappropriate in any way (e.g., sexist, racist, profane, graphic, violent, derogatory, defamatory, etc.). We will remove reviews that:
While we do not intend to censor opinions, inappropriate or non-constructive reviews will be removed at the sole discretion of the 4th Bridge Pty Ltd team. If we pre-screen, refuse, or remove any of your User Content, you acknowledge that we do so for the benefit of 4th Bridge Pty Ltd, not yours.
If your review is approved, it will appear live on the Site and Application within approximately three (3) business days of submission.
The Services, including the Digital Content, are protected by intellectual property rights worldwide. Except for User Content, you agree that 4th Bridge Pty Ltd and its suppliers own all rights, title, and interest in the Services, including but not limited to:
You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
Graphics, logos, page headers, button icons, scripts, and service names are trademarks or registered trademarks of 4th Bridge Pty Ltd in Australia and/or other countries unless otherwise specified.
These trademarks and trade dress may not be used in connection with any product or service that is not provided by 4th Bridge Pty Ltd in a manner that is likely to cause confusion among customers or that disparages or discredits 4th Bridge Pty Ltd.
All other trademarks not owned by 4th Bridge Pty Ltd that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 4th Bridge Pty Ltd.
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payment is currently processed through Stripe and PayPal, which support major credit cards, debit cards, and other payment methods as applicable.
We may change the payment processor at any time. You must provide 4th Bridge Pty Ltd with a valid payment account (a “Payment Provider”) as a condition to purchasing from the Site. Your Payment Provider agreement governs your use of the payment account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities.
By providing 4th Bridge Pty Ltd with your payment account and associated payment information, you agree that we are authorized to immediately invoice your Account for all fees and charges as they become due and payable, and no additional notice or consent is required.
You agree to immediately notify 4th Bridge Pty Ltd of any change in your billing address or payment account used for payment. We reserve the right to change our prices and billing methods at any time, either by posting the changes on the Services or by email delivery to you.
Except as set forth in these Terms, all fees for the Services are non-refundable.
The payments required under these Terms do not include any Sales Tax (as defined below) that may be due in connection with the Digital Content. If 4th Bridge Pty Ltd determines it has a legal obligation to collect Sales Tax from you, we may collect such Sales Tax in addition to the payments required hereunder.
If any Services, products, or payments for Services or products under these Terms are subject to Sales Tax in any jurisdiction, and you have not remitted the applicable Sales Tax to 4th Bridge Pty Ltd, you will be responsible for paying such Sales Tax and any related penalties or interest to the relevant tax authority. You will also indemnify 4th Bridge Pty Ltd for any liability or expense we may incur in connection with such Sales Taxes.
Upon request, you will provide 4th Bridge Pty Ltd with official receipts issued by the appropriate taxing authority or other evidence that you have paid all applicable taxes.
For purposes of this section, “Sales Tax” means any sales tax, goods and services tax (GST), value-added tax (VAT), or any other tax measured by sales proceeds that is the functional equivalent of a sales tax.
4th Bridge Pty Ltd is not responsible for any outside charges that may be incurred while using our Services. This includes, but is not limited to:
Promotional codes (“Promo Codes”) are for promotional use only and are void where prohibited by law. Promo Codes must be redeemed on the Kokoro Audio website and are only valid for the promotion outlined in the promotional offer (e.g., discounts on Digital Content purchases).
Promo Codes expire as indicated in the terms transmitted with the Promo Code and may be subject to additional terms and conditions. To redeem a Promo Code, you must have or open a Kokoro Audio Account.
Promo Codes are valid for one-time use only and cannot be resold, transferred for value, or redeemed for cash, except where required by law. The resale of a Promo Code or its use for unauthorized advertising, marketing, sweepstakes, or other promotional purposes is strictly prohibited.
4th Bridge Pty Ltd reserves the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Promo Code is redeemed or exchanged for products or Services.
You agree to indemnify and hold 4th Bridge Pty Ltd, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “4th Bridge Party” and collectively, the “4th Bridge Parties”) harmless from any losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising out of any and all of the following:
(a) Your User Content;
(b) Your use of any Service in violation of these Terms;
(c) Your violation of the rights of another party, including any Registered Users; or
(d) Your violation of any applicable laws, rules, or regulations.
4th Bridge Pty Ltd reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to fully cooperate with 4th Bridge Pty Ltd in asserting any available defenses.
This provision does not require you to indemnify any of the 4th Bridge Parties for:
You agree that the provisions in this section will survive any termination of your Account, these Terms, and/or your access to the Services.
To the fullest extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from your use of the Services. Our total liability to you for any claim is limited to the amount you paid for the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.
4TH BRIDGE PTY LTD DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO:
4TH BRIDGE PTY LTD MAKES NO WARRANTY, REPRESENTATION, OR CONDITION THAT:
YOU ACKNOWLEDGE AND AGREE THAT THE 4TH BRIDGE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE 4TH BRIDGE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND OTHER USERS OF THE SERVICES. THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
You understand and agree that, to the fullest extent permitted by law, in no event shall 4th Bridge Pty Ltd or its affiliates, officers, employees, agents, partners, suppliers, or licensors (collectively, the “4th Bridge Parties”) be liable for:
The foregoing limitation of liability shall not apply to liability of a 4th Bridge Party for:
(i) Death or personal injury caused by a 4th Bridge Party’s negligence; or
(ii) Any injury caused by a 4th Bridge Party’s fraud or fraudulent misrepresentation.
To the fullest extent permitted by law, the 4th Bridge Parties will not be liable to you for more than the total amount paid to 4th Bridge Pty Ltd by you during the three (3)-month period prior to the act, omission, or occurrence giving rise to such liability, or the remedy or penalty imposed by the statute under which such claim arises.
The foregoing cap on liability shall not apply to liability of a 4th Bridge Party for:
(i) Death or personal injury caused by a 4th Bridge Party’s negligence; or
(ii) Any injury caused by a 4th Bridge Party’s fraud or fraudulent misrepresentation.
Except for 4th Bridge Pty Ltd’s obligations to protect your personal data as set forth in our Privacy Policy, 4th Bridge Pty Ltd assumes no responsibility for:
Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you might have additional rights.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between 4th Bridge Pty Ltd and you.
Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
Subject to the terms of this Arbitration Agreement, you and 4th Bridge Pty Ltd agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services, the Website, or these Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”), will be resolved by binding arbitration, rather than in court, except that:
For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms.
If a Dispute arises between you and 4th Bridge Pty Ltd, we are committed to working with you to reach a reasonable resolution. You and 4th Bridge Pty Ltd agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost, and mutually beneficial outcome.
Before either party commences arbitration (or initiates an action in a small claims tribunal, if applicable), we agree to personally meet and confer telephonically or via videoconference in a good faith effort to resolve the Dispute informally (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also participate.
The party initiating the Dispute must provide written notice to the other party of its intent to initiate an Informal Dispute Resolution Conference (“Notice”). The Notice must include:
The Informal Dispute Resolution Conference must occur within 45 days after the other party receives the Notice, unless an extension is mutually agreed upon. Engaging in the Informal Dispute Resolution Conference is a condition precedent to commencing arbitration. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in this process.
YOU AND 4TH BRIDGE PTY LTD HEREBY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. Instead, you and 4th Bridge Pty Ltd agree that all Disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in the section titled “Applicability of Arbitration Agreement.” There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
YOU AND 4TH BRIDGE PTY LTD AGREE THAT, EXCEPT AS SPECIFIED IN THE SECTION ENTITLED “BATCH ARBITRATION,” EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING.
Unless both you and 4th Bridge Pty Ltd agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a class, representative, or collective proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If a court decides that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), that claim or request for relief will be severed from the arbitration and may be litigated in the courts of New South Wales, Australia. All other Disputes will be arbitrated or litigated in a small claims tribunal.
If the Informal Dispute Resolution process does not resolve the Dispute within 60 days after receipt of the Notice, either party may initiate binding arbitration. The arbitration will be administered by the Australian Centre for International Commercial Arbitration (ACICA) or another recognized arbitration body in Australia, in accordance with its applicable rules.
The arbitration will be conducted in Sydney, New South Wales, unless otherwise agreed by the parties. The arbitrator will have the authority to direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration.
The arbitrator will be either a retired judge or an attorney licensed to practice law in Australia. The arbitrator will be selected by mutual agreement of the parties or, if the parties cannot agree, appointed by the arbitration body administering the arbitration.
The arbitrator will have exclusive authority to resolve any Dispute, including disputes about the enforceability, revocability, scope, or validity of this Arbitration Agreement. The arbitrator’s decision will be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction.
Each party will bear its own costs and expenses, including attorneys’ fees, unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose. The arbitration body’s administrative fees and the arbitrator’s fees will be shared equally by the parties, unless the arbitrator decides otherwise.
If 100 or more individual Requests of a substantially similar nature are filed against 4th Bridge Pty Ltd within a 30-day period, the arbitration body may administer the arbitration demands in batches of 100 Requests per batch. Each batch will be resolved as a single consolidated arbitration with one set of filing and administrative fees, one procedural calendar, and one final award.
You have the right to opt out of this Arbitration Agreement by sending written notice to 4th Bridge Pty Ltd within 30 days of first becoming subject to this Agreement. Your notice must include your name, address, email address, and an unequivocal statement that you wish to opt out of arbitration.
If you opt out, all other parts of these Terms will continue to apply to you.
This Arbitration Agreement is governed by the laws of New South Wales, Australia. Any disputes not subject to arbitration will be resolved in the courts of New South Wales, Australia, and you and 4th Bridge Pty Ltd submit to the exclusive jurisdiction of those courts.
These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms.
Notwithstanding the foregoing, you acknowledge and agree that these Terms commenced on the earlier of:
(a) the date you first used the Services; or
(b) the date you accepted these Terms.
These Terms will remain in full force and effect while you use any Services, unless terminated earlier in accordance with these Terms.
We reserve the right to terminate or restrict your use of our Services, without notice or further liability, as set forth in these Terms or if we determine, in our sole discretion, that:
If we terminate your access to the Services, we also reserve the right to refuse you as a customer in the future, in our sole discretion, if you attempt to subscribe to or use our Services again.
If you wish to terminate the Services provided by 4th Bridge Pty Ltd, you may do so by:
(a) Notifying us at any time; and
(b) Closing your Account for all Services that you use.
For subscription-based Services, your subscription will continue until the end of the current billing period unless you cancel your subscription in accordance with the cancellation process outlined in these Terms.
It is the policy of 4th Bridge Pty Ltd to terminate the accounts of users who repeatedly infringe copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent.
If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
Contact information for 4th Bridge Pty Ltd’s Copyright Agent for notice of claims of copyright infringement is as follows:
Email: contact@kokoroaudio.com
You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, such as the Apple App Store or Google Play (each, an “App Store”). You acknowledge that these Terms are between you and 4th Bridge Pty Ltd and not with the App Store. 4th Bridge Pty Ltd, not the App Store, is solely responsible for the Services, including the Application, its content, maintenance, support services, and warranties, and for addressing any claims relating to the Services (e.g., product liability, legal compliance, or intellectual property infringement).
To use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application.
Your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.
The following applies to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):
You acknowledge and agree that:
(i) These Terms are concluded between you and 4th Bridge Pty Ltd only, and not Apple; and
(ii) 4th Bridge Pty Ltd, not Apple, is solely responsible for the App Store Sourced Application and its content.
Your use of the App Store Sourced Application must comply with the Apple App Store Terms of Service.
You acknowledge that Apple has no obligation to provide any maintenance or support services for the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.
As between 4th Bridge Pty Ltd and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of 4th Bridge Pty Ltd.
You and 4th Bridge Pty Ltd acknowledge that, as between 4th Bridge Pty Ltd and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of it, including but not limited to:
(i) Product liability claims;
(ii) Any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
(iii) Claims arising under consumer protection or similar legislation.
You and 4th Bridge Pty Ltd acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of it infringes that third party’s intellectual property rights, 4th Bridge Pty Ltd, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim to the extent required by these Terms.
You and 4th Bridge Pty Ltd acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
The communications between you and 4th Bridge Pty Ltd may take place via electronic means, including when you visit the Services, send us emails, or when we post notices on the Services or communicate with you via email. For contractual purposes, you:
(a) Consent to receive communications from us in electronic form; and
(b) Agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
This clause does not affect your statutory rights under Australian law, including but not limited to the Electronic Transactions Act 1999 (Cth).
The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”), and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application, or Third-Party Ad, you will leave our Services and be subject to the terms and conditions (including privacy policies) of the third party.
4th Bridge Pty Ltd does not control, monitor, or endorse any Third-Party Websites, Third-Party Applications, or Third-Party Ads. We provide these links for your convenience only and are not responsible for their content, accuracy, or practices. You access and use Third-Party Websites, Third-Party Applications, and Third-Party Ads at your own risk.
You may not assign, subcontract, delegate, or otherwise transfer your rights or obligations under these Terms without the prior written consent of 4th Bridge Pty Ltd. Any attempted assignment, subcontract, delegation, or transfer in violation of this clause will be null and void.
4th Bridge Pty Ltd will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to:
If you encounter any issues with the Services, including faulty digital content, please contact our Customer Service Team at contact@kokoroaudio.com. If the issue is determined to be caused by a flaw in the content, we will replace the file. If the issue is determined to be on your end, we will attempt to assist you in resolving the problem.
For any other questions, complaints, or claims regarding the Services, please contact our Customer Service Team. We will do our best to address your concerns. If you feel your concerns have not been fully resolved, please let us know so we can investigate further.
These Terms and all related documents have been drafted in English. It is the express wish of the parties that these Terms be drawn up in English.
Where 4th Bridge Pty Ltd requires you to provide an email address, you are responsible for providing us with your most current email address. If the last email address you provided is invalid or incapable of delivering notices, our dispatch of an email containing such notice will still constitute effective notice.
You may give notice to 4th Bridge Pty Ltd at the following address:
Email: contact@kokoroaudio.com
Any failure by 4th Bridge Pty Ltd to enforce any provision of these Terms on one occasion will not constitute a waiver of that provision or any other provision on that or any other occasion.
If any portion of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with the original intention of the parties, and the remaining portions will remain in full force and effect.
You may not use, export, import, or transfer the Services except as authorized by Australian law and the laws of the jurisdiction in which you obtained the Services. In particular, but without limitation, the Services may not be exported or re-exported:
(a) Into any country subject to Australian sanctions or embargoes; or
(b) To anyone on the Australian Department of Foreign Affairs and Trade’s sanctions list.
By using the Services, you represent and warrant that:
(i) You are not located in a country subject to Australian sanctions or embargoes; and
(ii) You are not listed on any Australian government list of prohibited or restricted parties.
The Services can be accessed from countries around the world. However, 4th Bridge Pty Ltd makes no representation that the Services are appropriate or available for use in all locations. Those who access or use the Services from outside Australia do so at their own initiative and are responsible for compliance with local laws.
If you have a complaint regarding the Services, you may contact the Australian Competition and Consumer Commission (ACCC) or your local consumer protection agency. For more information, visit the ACCC website at www.accc.gov.au.
These Terms constitute the final, complete, and exclusive agreement between you and 4th Bridge Pty Ltd with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral.
If you have any questions about these Terms, please contact us at:
4th Bridge Pty Ltd
Email: contact@kokoroaudio.com
