User Terms of Service
Artillerivej 86, 2nd floor
2300 Copenhagen, Denmark
1.1 This page (https://www.komoku.app/terms-of-service/) sets out the terms and conditions (“Website Terms”) on which we, Komoku ApS (“we”, “our” or “Komoku”), provide access to our website https://www.komoku.app and any Komoku application (together, “the Website”) through which you(“you” or “the User”) order products.
1.2 Please read the following Website Terms before using the Website. If you do not agree with these Website Terms, please do not use the Website. By ordering products through the Website, you agree to be bound by these Website Terms. Any other use of the Website is also subject to these Website Terms.
1.3 We reserve the right to edit or change these Website Terms by changing them on this page. The Website Terms are only in the English language.
1.4 We may contact you with news, offers, new products or other campaigns based on the information that you give us when using the Website, if you have agreed to receive marketing. Use of any personal information submitted by you via the Website is governed by our https://www.komoku.app/privacy-policy
2. ORDERING AND DELIVERY
2.1 You place an order (“Order”) via the Website by following the Website’s steps related hereto whether it be via mobile application or via web browser.
2.3 It is of importance that you check the accuracy of the information that you enter and yourself correct any errors before submitting your Order. Once you have submitted your Order you have entered into a contract with The Restaurant and errors in the information that you provided cannot be revised (subject to 2.4. below).
2.4 You may contact The Restaurant directly and they will try their best to correct errors. However, there is no guarantee hereof and you will not be entitled to cancel your order, nor to any refunds if correction is unsuccessful.
2.5 The Restaurant may reject your order if it is deemed necessary by The Restaurant due to any reason. If they reject your order, any payment made in respect of the order will be returned to you in accordance with these Website Terms.
3. PICK UP
3.1 The Restaurant will retain the ordered products for a minimum of 60 minutes after you have been notified that the Order is ready for pick up. This obligation is limited to the opening hours of the respective restaurant location.
3.2 You are not entitled to cancel your order or to receive any refunds should this not be a possibility for any reason.
3.3 The Restaurant takes full responsibility for the Order until the moment that you have the Order in your possession.
4. PRICE AND PAYMENT
4.1 Prices will be as quoted on the Website and may change from time to time. These prices include VAT, but delivery costs may be excluded if you choose to opt for delivery instead of pickup. Certain administration or service charges may be imposed by Komoku and will be added to the total amount where applicable.
4.2 You must pay for Orders with an accepted credit or debit card through the Website or, if the service allows for it, pay The Restaurant directly in their store.
4.3 A credit or discount may be applicable if you use a promotional voucher or code endorsed by The Restaurant and that is recognized by the Website. In addition, we operate with loyalty benefits cf. Section 10 in these Website Terms.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 All copyrights and related rights, utility models, patents, trademarks, trade secrets, names, and any other form of registered or unregistered intellectual property rights (“IPR”) in or related to the Website and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Komoku and/or its subcontractors/licensors.
5.2 Any rights not explicitly granted as part of these Website Terms are reserved by Komoku and/or its subcontractors/licensors.
6.1 You have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Website in accordance with these Website Terms.
6.2 You are allowed to use the Website for you own personal non-commercial use on the following basis:You must not misuse the Website in any way (including scraping, hacking, and reverse engineering);Unless otherwise explicitly stated, the IPR related to the Website and in any material published on it are owned by Komoku;You must not modify the digital or paper copies of any materials The Service or its website.
6.3 You are not allowed to use any of the materials on the Website or the Website itself for any commercial purposes without obtaining a license from us first.
7. TERM AND TERMINATION
7.1 These Website Terms are in force as a binding agreement between The Restaurant and the User until further notice as long as the User is using the Website.
7.2 Komoku can discontinue to provide access to the Website permanently or temporarily at any time. 7.3 The User can discontinue the use of the Website at any time.
8. APPLICABLE LAW AND VENUE
8.1 These Website Terms shall be governed by and construed in accordance with the laws of Denmark.
8.2 Any disputes that cannot be solved amicably shall be brought before the competent courts of Copenhagen, Denmark.
9.1 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our gross negligence or any other liability which cannot be excluded or limited under applicable law. Your statutory rights are thus not affected by these Website Terms.
9.2 Subject to clause 9.1. above, we will not under any circumstances be liable to you for any reason, even if foreseeable related to the Website for:
- any consequential loss; - corruption or loss of data, information or software; - loss of business opportunity; - loss of goodwill; - any personal injury or death related to allergies cf. clause 12.1 in these Website Terms; - any loss of profits, sales, revenue or business; - any other economic or indirect loss.
9.3 Subject to these Website Terms, our total liability in respect of other losses by you shall in no circumstances exceed the value of your Order or 500,00 DKK, whichever is lower.
9.4 Any additional or associated costs that you may occur in connection with or as a result of your use of the Website is at all times at your own expense.
10.1 Komoku tries to always ensure that all information on the Website is updated and correct, but we do not promise it is accurate or complete. Changes to the Website may be made by us from time to time without prior notice or any other explicit mention hereof.
11.1 Komoku shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to a successor or to a purchaser or acquirer of its business assets relating to the Website without the User’s prior written consent.
You acknowledge and agree that if you have a specific food allergy or intolerance, you will – before submitting an order – at your own responsibility and carefully review the ingredients by either calling the restaurant or contact them directly at their location.
Should any of these Website Terms be determined by a competent authority to be invalid, unlawful or unenforceable, the remaining provisions of these Website Terms will continue to be valid to the fullest extent permitted by law.
13.4 NO WAIVER
Any delay or failure by you or Komoku in enforcing any provision of these Website Terms will not be interpreted as a waiver of any kind.