Terms and Conditions

Last Updated: February 22nd, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE KOMO PLANT BASED FOOD WEBSITE. These terms of use are a binding contract that governs use of the Komo Plant Based Comfort Foods Inc. website, limits the liability of Komo Plant Based Comfort Foods Inc. and other persons, specifies the jurisdiction for resolution of disputes, and contains other important provisions. Each time you access or use the Komo Plant Based Comfort Foods Inc. website, whether from a computer or a mobile device, you acknowledge and signify that you have read, understood, and agree to be bound by the most current version of these Terms of Use, our Privacy Policy and our Other Terms and Conditions (as defined in paragraph 5 below). If you do not agree with any of these, you should not access or use the Komo Plant Based Comfort Foods Inc. website.

  1. Your Acceptance of these Terms of Use

These Terms of Use (also “Agreement”) are a legal agreement between you and Komo Plant Based Comfort Foods Inc. (“Komo Comfort Foods”, “we”, “us” or “our”) regarding your access to and use of the website located at www.komocomfortfoods.com and all content, information, products, and services available on or through the website (collectively, the “Website”). Each time you access or use the Website, you acknowledge and signify that you have read, understood, and agree to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you should not access or use any aspect of the Website. These Terms of Use are in addition to any other agreement you may have with us, including any agreement for your purchase of our products or services.

  1. Revisions to Terms of Use

We may revise these Terms of Use at any time, without any prior notice to you, by posting the revised Terms of Use on the Website and updating the “Last Updated” date. The revised Terms of Use are effective immediately upon posting. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the last version. By using the Website after these Terms of Use have been revised, you signify your acceptance and agreement to the revised Terms of Use. You may not change, supplement or amend these Terms of Use in any manner.

  1. Permissible Users

You may not use the Website if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use the Website on your behalf.

  1. Permissible Use

The Website is made available to you for your lawful, personal, non-commercial use only. You may use the Website only for the purposes and in the manner permitted by the Website and subject to theseTerms of Use and all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited. The Website and its content may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without our express prior written consent. You may print Website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not use any of the software or services that are used by us in the operation or provision of the Website except while you are using the Website in accordance with these Terms of Use.

  1. Other Terms and Conditions

Additional terms and conditions and policies (collectively, the “Other Terms and Conditions”) apply to purchases of products and services through the Website and to specific portions, features or services (such as contests and other promotions) of or offered through the Website. We may in our discretion change the Other Terms and Conditions at any time, without any prior notice to you, by posting revised Other Terms and Conditions on the Website. The changed Other Terms and Conditions are effective immediately upon posting. It is your responsibility to check the “Last Updated” date at the top of these Other Terms and Conditions and review any changes since the last version. The Other Terms and Conditions are incorporated into and form part of these Terms of Use. If there is a conflict or inconsistency between any Other Terms and Conditions and these Terms of Use, the Other Terms and Conditions will govern regarding the specific purchase, portion, feature or service to which they apply.

  1. Ownership of Website and Content

The Website and its content (including all design, text, graphics, logos, button icons, interfaces, images, video, sounds, music, artwork, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole) are owned by Komo Plant Based Comfort Foods Inc. or its licensors and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.

  1. Information Provided by You

You will ensure that all information you provide through the Website, including account information such as your legal name, residential address, email address, payment information such as your credit card numbers and their expiration dates, and transaction-related information, is true, accurate, current, and complete. We will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your account information and payment information if they change.

  1. Personal Information

We collect personal information and non-personal information from users of the Website pursuant to our Privacy Policy.

  1. Product Information

All material and information presented on the Website is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by Health Canada, the US FDA, or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure, mitigate or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions or sensitivities. Use of the Website is not meant to serve as a substitute for professional medical advice: this Website is solely an online store for functional food products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and the Website does not replace any medical professional or medical resource. Komo Plant Based Comfort Foods Inc. does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911, EMERGENCY SERVICES OR YOUR PHYSICIAN IMMEDIATELY.

  1. Errors

Misprints, inaccuracies, omissions, or other errors on the Website may sometimes occur. We cannot guarantee that products and services advertised on the Website will be available when ordered, and do not warrant that the content of the Website is accurate or complete. We reserve the right to: (a) correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges, and specifications of those products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place; and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell.

  1. Trademarks

Komo Plant Based Comfort Foods Inc. and all logos, product names, page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Komo Plant Based Comfort Foods Inc. and may not be used in connection with any product or service that is not offered by Komo Plant Based Comfort Foods Inc. in any manner that is likely to cause confusion.

  1. Feedback/Submissions

You agree that you will not submit any information or ideas to us that you consider to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (including ideas for new advertising or marketing campaigns, or promotions, new or improved products or services, or new product names or branding) that you send us (collectively “Submissions”) are deemed to be non-confidential, you automatically grant to Komo Plant Based Comfort Foods Inc. and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Submissions or any ideas, concepts, know-how, or techniques associated with the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically waive in favour of Komo Plant Based Comfort Foods Inc. and its successors, assigns, and licensees any and all moral rights in the Submissions.

  1. Third Party Sites and Third Party Content

The Website may provide content of third parties (“Third Party Content”) or links to other websites operated by third parties (“Third Party Sites”). Third Party Content and Third Party Sites are independent from us, and we do not guarantee, endorse, or adopt the completeness and accuracy of, and have no responsibility or liability for or control over, Third Party Content or Third Party Sites. We are not responsible for updating or reviewing Third Party Content or Third Party Sites. Your use of Third Party Content and Third Party Sites is at your own risk. You will not make any claim against us arising from, connected with, or relating to your use of Third Party Content or Third Party Sites.

  1. Prohibited Activities

Deep links to the Website without our express written permission are strictly prohibited. We may cancel and revoke any permission to link to the Website at any time and without any notice or liability. Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies) is strictly prohibited. You may not attempt to circumvent the ordinary navigational structure or presentation of the Website or its content, or attempt to access or obtain any Website content or other data by any means that is not purposely made available to you by the Website. You may not attempt to gain unauthorized access to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means. You may not attempt to test or tamper with the security of the Website or attempt to interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website. You may not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data. You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website. You shall not access the Website in order to build a similar or competitive service. Any future release, update, or other addition to functionality of the Website shall be subject to these Terms of Use.

  1. Disclaimers

THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY KOMO PLANT BASED COMFORT FOODS INC. TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE TO ACHIEVE YOUR INTENDED RESULTS. KOMO PLANT BASED COMFORT FOODS INC. DOES NOT PROMISE THAT THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL PRODUCE SPECIFIC RESULTS. YOU USE THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, AT YOUR OWN RISK. EXCEPT AS SET FORTH IN OUR RETURN AND EXCHANGE POLICIES, IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE WEBSITE.

  1. Liability Exclusions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL KOMO PLANT BASED COMFORT FOODS INC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE; AND (B) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISIONS OF THESE TERMS OF USE KOMO PLANT BASED COMFORT FOODS INC. IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL KOMO PLANT BASED FOOD'S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, EXCEED CAD$100. THE FOREGOING LIABILITY EXCLUSION AND LIMITATION APPLY TO LIABILITY UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY KOMO PLANT BASED COMFORT FOODS INC. OR ANY PERSON FOR WHOM KOMO PLANT BASED COMFORT FOODS INC. IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE, OR KOMO PLANT BASED COMFORT FOODS INC. KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE BEING INCURRED. THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Indemnity

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS KOMO PLANT BASED FOOD FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES AND OBLIGATIONS (INCLUDING DAMAGES, EXPENSES, AND COSTS), SETTLEMENT PAYMENTS, AND ATTORNEY’S FEES AND EXPENSES (COLLECTIVELY, “CLAIMS/PROCEEDINGS/LIABILITIES”) DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE. YOU WILL NOT ENTER INTO ANY SETTLEMENT OR OTHER AGREEMENT ON BEHALF OF Komo KOMO PLANT BASED COMFORT FOODS INC. OR WHICH AFFECTS THE RIGHTS OR INTERESTS OF KOMO PLANT BASED COMFORT FOODS INC., WITHOUT KOMO PLANT BASED FOOD'S EXPRESS PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD IN KOMO PLANT BASED FOOD'S DISCRETION. NOTWITHSTANDING THE FOREGOING, KOMO PLANT BASED COMFORT FOODS INC. RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY CLAIMS/PROCEEDINGS/LIABILITIES WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE. IN THESE TERMS OF USE, “KOMO COMFORT FOODS INC.” MEANS KOMO PLANT BASED COMFORT FOODS INC., ITS PARENT COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

  1. Changes and Termination

Notwithstanding any other provision of these Terms of Use, Komo Plant Based Comfort Foods Inc. may in its discretion change, discontinue, modify, restrict, suspend, or terminate the Website or any of its content at any time without any notice or liability to you or any other person. Komo Plant Based Comfort Foods Inc. may in its discretion and for its convenience at any time immediately suspend or terminate your permission to access and use the Website without any notice or liability to you or any other person. These Terms of Use as they apply to you are effective unless and until terminated. You may terminate these Terms of Use by permanently ceasing to use the Website and mailing written notice of termination to Komo Plant Based Comfort Foods Inc. Legal Department at 200 – 1238 Homer Street, Vancouver, BC V6B 2Y5. Komo Plant Based Comfort Foods Inc. may terminate these Terms of Use at any time either by giving a notice of termination to you via email or by denying you access to the Website. The obligations and liabilities you incur prior to termination of these Terms of Use will survive termination. Sections 6, 7, 9, 11, 13, 14, 15, 16, 17, 18, 20, 21 and 22 of these Terms of Use will survive termination and continue to apply and be binding upon you and Komo Plant Based Comfort Foods Inc..

  1. Governing Law

These Terms of Use and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.

  1. Dispute Resolution

(a) Arbitration: Except as expressly set forth in this section 21 and subject to section 21(c), all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use, the Website or any related matters (collectively “Disputes” and each a “Dispute”) will be referred to and finally resolved by binding arbitration administered by the British Columbia International Commercial Arbitration Centre (the “BCICAC”) in accordance with its rules and these Terms of Use. There will be a single arbitrator, and the arbitration will be private and confidential. The arbitration will be held at Vancouver, British Columbia and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing, if the total amount of the award sought in an arbitration (not including legal fees and costs) is CDN$10,000 or less, then the arbitration will be subject to the BCICAC Shorter Rules of Procedure and, unless you and Komo Plant Based Comfort Foods Inc. expressly agree in writing otherwise: (i) the arbitration will be conducted solely based upon written evidence (declarations or affidavits) and written arguments submitted by or on behalf of each of you and Komo Plant Based Comfort Foods Inc.; and (ii) there will be not be any in-person hearing (including any hearing by teleconference, videoconference or web conference) of the parties, witnesses or legal counsel. Notwithstanding the foregoing, this section 21(a) does not apply to a Dispute based upon infringement, misappropriation or violation of intellectual property rights (including copyright and trademarks). (b) Court Litigation: If and to the extent, and for any reason, that a Dispute is not subject to arbitration as set forth in section 21(a), then subject to section 21(c) the Dispute will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, and you and Komo Plant Based Comfort Foods Inc. each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those Disputes, except that Komo Plant Based Comfort Foods Inc. may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Use. (c) Informal Dispute Resolution: Before you commence arbitration or litigation regarding a Dispute: (i) you will give written notice of the Dispute to Komo Plant Based Comfort Foods Inc. legal department at 200-1238 Homer Street, Vancouver, BC V6B 2Y5 and allow Komo Plant Based Comfort Foods Inc. at least thirty (30) days to investigate and attempt to resolve the Dispute; and (ii) upon request by Komo Plant Based Comfort Foods Inc. during the thirty (30) day period you will participate in good faith discussions regarding the Dispute with a view to resolving the dispute in a reasonable manner. (d) Temporary/Injunctive Relief: Notwithstanding that a Dispute is subject to arbitration under section 21(a): (i) you or Komo Plant Based Comfort Foods Inc. may commence litigation in the Supreme Court of British Columbia sitting in the City of Vancouver seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo, and you and Komo Plant Based Comfort Foods Inc. each hereby irrevocably submit and attorn to the non-exclusive jurisdiction of that court in respect of those matters; and (ii) Komo Plant Based Comfort Foods Inc. may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Use. (e) NO JURY OR CLASS PROCEEDINGS: YOU AND Komo Plant Based Comfort Foods Inc. EACH IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY OR TO COMMENCE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION OR LITIGATION. ANY ARBITRATION OR COURT LITIGATION REGARDING DISPUTES WILL BE BROUGHT BY YOU OR Komo Plant Based Comfort Foods Inc. IN AN INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING WAIVER MIGHT NOT APPLY TO YOU. (f) TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND Komo Plant Based Comfort Foods Inc. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  1. General

You and Komo Plant Based Comfort Foods Inc. are non-exclusive, independent contracting parties, and nothing in these Terms of Use or done pursuant to these Terms of Use will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and Komo Plant Based Comfort Foods Inc.. No consent or waiver by Komo Plant Based Comfort Foods Inc. to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Komo Plant Based Comfort Foods Inc. or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Use, Komo Plant Based Comfort Foods Inc. rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Komo Plant Based Comfort Foods Inc. may be lawfully entitled under these Terms of Use or at law, and Komo Plant Based Comfort Foods Inc. will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Use will ensure to the benefit of and be binding upon you and Komo Plant Based Comfort Foods Inc. and each of our respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without our express prior written consent, which consent may be withheld in our discretion. We may, without your consent, assign these Terms of Use or any of our rights, duties, or obligations under these Terms of Use. These Terms of Use, our Privacy Policy, and our Other Terms and Conditions together constitute the entire agreement between you and Komo Plant Based Comfort Foods Inc. with respect to their subject matter, and supercede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of the Terms of Use, Privacy Policy and the Other Terms and Conditions. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Komo Plant Based Comfort Foods Inc. regarding the subject matter of the Terms of Use, Privacy Policy and Other Terms and Conditions other than as expressly set forth in the Terms of Use, Privacy Policy and Other Terms and Conditions. You and Komo Plant Based Comfort Foods Inc. have each expressly requested and required that the Terms of Use, Privacy Policy and Other Terms and Conditions be drawn up in the English language. ​ Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. All rights not expressly granted by these Terms of Use are reserved by Komo Plant Based Comfort Foods Inc.. If you have any questions or comments regarding these Terms of Use, please contact Komo Plant Based Comfort Foods Inc. by mail or email at: Komo Plant Based Comfort Foods Inc., Customer Service Department, 200 – 1238 Homer Street, Vancouver, British Columbia, Canada V6B 2Y5; e-mail: support@komoeats.com.

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