Privacy Policy and Terms of Service
Terms of Service

Welcome to Korede’s Meals!  We are happy that you want to use this meal service for your children. Since we want to protect your rights and those of any other user or third party who interacts with us, we created these Terms of Service (hereafter “Terms”).

These Terms constitute a legally binding agreement between you and Korede’s Meals Inc. (hereafter “KMI,” “we,” “us”, “our” and terms of similar meaning) governing your use of the KMI website (www.KoredesMeals.com) (hereafter the “Site”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.

BY ENTERING INTO THESE TERMS AND/OR ACCESSING OR USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THESE TERMS AND ACCEPT ALL OF ITS TERMS AND CONDITIONS

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SITE.

 

1. The Site and Services

KMI offers meal services, products and activities for Children between the ages of 2 years and 18 years who are registered through a Family Account (as defined below).

The Site will give you an opportunity to:

  • See our Menus for children’s meals; 

  • Order meals for your children;

  • Arrange for the delivery of our Meals; and

  • Participate in and download KMI activities (hereafter “Activities”) that can be found on the Site.

 

Our Menus, our Meal Ordering Services, our Meal Delivery Service, and our site Activities are collectively hereafter referred to as “Services” in the Terms.

The Services available shall vary from time to time, and any Services available at any given time shall be listed on the Site. Information about the Services, including without limitation, can be found at: www.KoredesMeals.com. The Site will be used to facilitate most Services related interactions, including, without limitation:

  • notifying you about future menus of Meals;

  • access to Activities; and

  • payment, as applicable, for registration and/or materials related to the Services.

 

2. Eligibility to use the Site and Services

  • Eligibility. The Site may only be used by individuals who can form legally binding contracts under applicable law. You represent and warrant that you possess the legal right, capacity and ability to agree to these Terms and use the Site in accordance with them. The Site is not available to individuals under the age of eighteen (18) years and/or to users who have had their Account temporarily or permanently deactivated.

 

By signing up for an Account and/or using the Site, you represent and warrant that you are at least eighteen (18) years old and that you have the right, authority and capacity to enter into and abide by these Terms.

If we believe that you are under the age of eighteen (18) years or your use of this Site or the Services is not allowed, then your Account will be deleted and these Terms may be terminated without notice.

  • Assumption. For the purposes of these Terms, we have assumed that all Children are under the age of eighteen (18) years. Even though the Services are meant for Children, the use, operation and control of any Account and the Site and registration for any Services must be done by either a Parent(s) or legal Guardian(s) (as such terms are defined below) in accordance with these Terms.

  • To use the Site, you must have continued access to the internet. You are responsible for obtaining the data network access necessary to use the Site. Your mobile network’s data and messaging rates and fees may apply, and you are responsible for such rates and fees.

 

3. Parent(s) and Parental Consent

  • Parent(s). Parent(s)” means the individual legal parent or guardian or both legal parents or guardians, who have the sole physical care, custody and control of their Child(ren) (as defined below), for which no judgment, order or decree has been made by any Court awarding the custody of their Child(ren) to any other person or in any other manner affecting the status of the right of the Parent(s) as legal parent(s) and/or guardian(s) of their Child(ren) and that the Child(ren) has not been emancipated.

  • Parental Consent. The Parent(s), may, where authorized or permitted by law, and in accordance with the terms and conditions of these Terms, permit their child/children, who are listed on their Family Account (as further described below) [hereafter “Child(ren)] to use and/or participate in the Services, provided that you consent to and supervise such participation and/or use.

If a Parent(s) consents to their Child(ren)’s use of and/or participation in the Services, by providing such consent he/she/they is/are agreeing to be bound by these Terms in respect of their Child(ren)’s use of and participation in the Services and he/she/they understand that KMI will rely on these Terms in providing the Site and the Services to the Parent(s) and their Child(ren). The Parent(s) shall guarantee the performance, by their Child(ren), of the terms and provisions of these Terms and represents and warrants that their Child(ren) will not disaffirm these Terms at any time.

The Parent(s) shall agree to indemnify and hold KMI and its Released Parties harmless from any and all damages, liabilities, costs or expenses of any kind or nature, including reasonable legal fees, which may arise from the breach by the Parent(s) and/or the Child(ren) of any of the provisions of these Terms, including, without limitation, their Child(ren)’s attempt to disaffirm or disavow these Terms on the ground of their Child(ren)’s minority status or otherwise.

  • Single Parent. If only one Parent agrees to these Terms, then such Parent will be deemed to represent and warrant that said Parent has the exclusive authority to act on behalf of their Child(ren) and on behalf of the other Parent, insofar as all matters related to the Site, Services and these Terms are concerns and will indemnify and hold KMI and its Released Parties harmless form any and all damages, liabilities, costs or expenses of any kind or nature including reasonable legal fees, which may be claimed by the other Parent, including, without limitation, any claim in any way related to their Child(ren) attempt to disaffirm or disavow these Terms on the ground of their Child(ren)’s minority or otherwise.

 

4. Privacy Policy and Additional Policies

  • Privacy Policy. We will collect some of your and/or your Child(ren)’s personal information to create your Account. All personal information collected, used or disclosed on the Site is governed by our KMI Privacy Policy (hereafter “Privacy Policy”). By using the Site, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

  • Additional Policies. In addition, by using the Site, you agree to be bound by any additional policies, guidelines, instructions, agreements and/or rules communicated through the Site (collectively called the “Additional Policies”). For example, we may post Additional Policies that specifically address your use of the Site. You agree to comply with such Additional Policies even if they are not identified in these Terms. The definition of Additional Policies shall be included in the definition of “Terms”.

 

5. Accounts; Registration Data; Account Security and Verifying Information

  • Family Account. In order for your Child(ren) to have access to the Activities (excluding the Services), the Parent(s) must register for an account through the Site (“Family Account”). More than one Child can be registered on each Family Account. Upon registering for a Family Account, the Parent(s) who registered for a Family Account can do the following for their Child(ren):

    • register their Child(ren) for any Service (including completing payment thereof);

    • consent to their Child(ren)’s participation in any Services;

    • obtain an Activity for a Child to complete; and/or

    • manage each Child’s participation in and/or use of any of the Services, including, without limitation, viewing their Child(ren)’s participation history.

  • Registration Data and Account Security. You can browse the Site and access Sample Activities without registering for an Account.

 

When and upon registering for an Account, you agree to:

  • provide accurate, current and complete information as may be prompted by any registration forms on the Site (hereafter “Registration Data”);

  • maintain the security of your password;

  • maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and 

  • accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site.

 

You may not impersonate any other person while using the Site and/or Services. KMI will not be liable for any loss or damage from your failure to comply with this obligation.

You may not allow other persons to use your Account and you agree that you are the sole authorized user of your Account.

You shall, at all times, be responsible and liable for all activities conducted through and related to, and items obtained through, your Account, including, without limitation, all Services which may be participated in by your Child(ren) or each Child to whom you are connected to in accordance with these Terms, as the case may be.

  • Verifying Information. You may be required to submit to KMI additional information, either when registering for an Account or thereafter (hereafter “Verifying Information”). Upon submission of such Verifying Information, you authorize KMI to request, receive, use and/or store such information. Where permitted, KMI has the right, but not the obligation, to undertake screenings, checks, and processes designed to check your Verifying Information.

 

6. Fees, Refunds, Donations, Promotional Offers and Discounts

  • Fees. You can register for an Account without the payment of any fees. There may be fees associated with some or all of the Services offered (hereafter “Fees”). Fees may apply and/or vary depending on the type of Service being offered. All Fees will be shown on the Site.

 

If there are Fees associated with a particular Service, in order to register your Child(ren) for such Service, you will be required to pay the associated Fees. Upon registering for any Service, through your Account, you expressly acknowledge that you accept the Fees associated with such Service.

 

Any Fees shall be determined by KMI in its sole discretion and may change at any time, in KMI’s sole discretion (e.g. the Fees paid for one Child may vary from the Fees paid for another Child for the same Service, depending on when each Child is registered for such Service).

 

Notwithstanding the foregoing, once you register and pay for a Service for a Child, the Fees paid, if any, for such Child, may change. You are responsible for all taxes applicable to any Fees and any other charges in any applicable jurisdiction. We may refund any Fees paid in accordance with our Cancellation/Refund Policy.

  • Promotional Offers and Discounts. KMI may from time to time provide you with promotional offers and discounts, including, without limitation, a discount on Fees for bulk registration for any Services (hereafter “Bulk Registrations”). Please contact us hello@KoredesMeals.com to inquire about Bulk Registrations.

  • Payment. KMI facilitates the payment of Fees through the Site. All Fees and any other amounts charged to you, as permitted in accordance with the Terms, shall be charged to your credit/debit card. You acknowledge and agree that we use third-party payment processors for all credit/debit card charges, and you authorize KMI to use your credit/debit card information, Registration Data, Account information as well as any additional information as may be necessary to facilitate payment of any Fees and/or Discounts. Please contact us at: hello@KoredesMeals.com if you have any questions about our third-party payment processor(s).

 

7. Ownership, Copyright and Trademarks

  • The Site, the Services, the Content (as defined below) and any other software used to create and/or operate the Site, the Services and/or the Content is the property of KMI or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, the Services, the Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site, the Services and/or the Content are the property of their respective owners.

 

8. License to Use the Site, Services and Content, License Restrictions and Restricted Activities

  • Content. In these Terms:

    • the material (in whatever form), information, content and activities provided by KMI, its employees, independent contractors, representatives, partners, agents and/or other third parties, either though the Site or otherwise, as part of the Services; and

    • other content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement,

 

is hereafter called “Content”.

  • License. KMI grants to you a revocable, non-exclusive, non-sublicensable license to use, access and view the Site, Services and Content in accordance with these Terms (hereafter “License”).

  • License Restrictions and Restricted Activities. Other than as expressly permitted in these Terms, the Site, the Services, the Content, and the License are subject to the following restrictions and terms:

    • The Site, Services and Content are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through these Terms, the Site and the Services.

    • You may not make or distribute copies of the Site, Services and/or Content.

    • You may not alter, merge or translate the Site, Services or Content or decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form.

    • You may not modify or create derivative works based on the Site, Services or Content.

    • You may not use the Site, Services or Content for application or website deployment or ultimate production purpose.

    • You may not use the Site, Services or Content to develop any program, class, presentation, lesson, material, contest, application or website having the same or similar primary function as the Site, Services and/or Content.

    • You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Content.

    • You may not otherwise use the Site, Services or Content other than for its intended purpose as specified therein and in these Terms.

    • You may not:

      • impersonate any person or entity; and/or

      • stalk, threaten, or otherwise harass any person, or carry any weapons

         

    • Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the License granted in this Section, these Terms and your Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.

      • Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The License granted in this Section, or any part thereof, is revocable by KMI at any time.

      • Your use of the Site, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.

      • You may not perform any act, nor permit any act to be performed by a third party, that would harm, or in any way negatively affect or diminish the KMI’s intellectual property or other proprietary rights in or to the Site, Services and/or Content or any other rights in law or equity of KMI.

      • You may not provide information or act in a manner that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, hateful or illegal.

      • You may not:

        • index, scrape “data mine”, survey or in any way reproduce or circumvent the navigational structure or presentation of the Site; and/or

        •  link directly or indirectly to any other websites, applications or services.

        • post, upload, reproduce, distribute or otherwise transmit any information or Content that:

        • is unauthorized or unsolicited commercial communications, junk or bulk communications or other "spam" (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,

        • contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,

        • is defamatory, infringing, or unlawful,

        • is inappropriate, profane, obscene, indecent, or contains information without suitable or lawfully-required access controls (which controls will in no event be our responsibility),

        • gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation, or

        • constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;

        • engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;

        • scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;

        • forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Site;

        • disrupt or threaten the integrity, operation or security of any Website, any computer or any Internet system;

        • disable or circumvent any access control or related process or procedure established with respect to the Site; and/or

        • extract, gather, collect, or store personal information about others without their express consent.

      • You may not transfer, assign or sell the Content (as applicable), your Account, password and/or identification to any other party.

 

9. Use of Student Footage, Likeness and Results and Proceeds

  • Use of Footage, Likeness and Results and Proceeds. Unless otherwise agreed to through the Family Account, the Parent(s) hereby irrevocably grant to KMI and its affiliates and subsidiaries the universal and perpetual, non-exclusive, royalty-free, transferable right to take still-photographs, audio recordings and/or videos of their Child(ren) in connection with their participation in or use of the Services (hereafter collectively called “Footage”).

 

Unless otherwise agreed to through the Family Account, the Parent(s) hereby irrevocably consent to KMI and its affiliates and subsidiaries use, display, exhibition, exploitation, reproduction, distribution of and their ability to publish, modify, adapt, translate and create derivative works from:

  • the Footage; and/or

  • the results of their Child(ren)’s participation in and/or use of the Services,

in any and all manner and media whatsoever, now known or hereafter devised, throughout the universe, in perpetuity, including, without limitation, in print and illustration, on KMI’s social media accounts and any and all promotional materials which may be used now and/or in the future by KMI.

  • Representations and Warranties. The Parent(s) hereby represents and warrants that:

    • he/she/they own and control all of the rights to the Footage; or

    • has the lawful right to post and distribute the Footage, in the manner as described in this Section; and 

    • the use and posting or other transmission of the Footage does not violate these Terms.

  • Release and Indemnity. The Parent(s) hereby releases KMI and its Released Parties from all Claims (as defined below) of any and all nature whatsoever arising out of or in connection with the exercise of the rights granted in this Section, including, without limitation, from any and all liability and/or claims for violation of rights of privacy, infringement of right of publicity, defamation, any other personal and/or property rights, and/or any similar right. The Parent(s) hereby indemnify KMI and its Released Parties from and against any and all claims or allegations of any nature whatsoever respecting the Footage.

 

10. Security of the Services

 

To ensure reliability, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment when using the Site. However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Site, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.

 

11. Third-Party/Open-Source Software

 

The Site and/or Services may contain and/or may connect to third-party software and/or open-source software, which may be subject to third party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third-Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, you are also accepting the Third-Party Licenses, if any. Third Party Licenses may be viewed through the Site and/or Services or by contacting KMI at the e-mail address listed below.

 

12. Third-Party Service Providers

 

In the course of using your Account with us or using the Site and/or Services, you may be required or by your actions may be deemed, to consent to the terms of agreements provided by certain third-party service providers, including but not limited to, payment processors, social media login account providers (Facebook, Twitter, Google, Instagram, TikTok, etc.), credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter the Terms or your obligations hereunder.

 

13. Third-Party Partners and Independent Contractors

 

KMI may hire or engage one or more third-party partners to perform any or all of its obligations under the Terms. We operate the Services in conjunction with our independent contractors. Our independent contractors and third-party partners may have access to your personal or business information in providing services to us or providing you with access to the Site and/or Services. We may use a variety of third-party service providers, independent contractors, employees and servers in locations both inside and outside of Canada, which may make your personal or business information the subject of foreign laws and foreign legal proceedings.

 

14. Linked Sites

 

The Site and/or Services may contain links to third-party websites (hereafter “Third-Party Sites”) and third-party content (hereafter “Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites and any Third-Party Content or service provided there at your own risk. KMI does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. KMI provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply KMI’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.

KMI accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site and/or Services. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including, without limitation, privacy and data gathering practices, of any Third-Party Site, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

15. Advertisements and Promotions

 

KMI may run advertisements and promotions from third parties on or through the Site and/or Services. Your business dealings or correspondence with, or participation in promotions of advertisers other than KMI, and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third party.

KMI is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on or through the Site and/or Services.

 

16. Disclaimer

 

THE SITE, THE SERVICES, AND THE CONTENT, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES FROM KMI OF ANY KIND, EITHER EXPRESS OR IMPLIED.

KMI MAKES NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SITE OR ANY OTHER PRODUCTS SUPPLIED UNDER THESE TERMS AND CONDITIONS. KMI EXPRESSLY DISCLAIMs ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.

KMI DOES NOT REPRESENT OR WARRANT THAT THE  SITE, THE SERVICES, AND/OR THE CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SERVICES, THE CONTENT OR ANY PORTION THEREOF.

KMI DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR ABILITY, AS APPLICABLE, OF THE SERVICES, THE CONTENT AND/OR ANY EMPLOYEES OR CONTRACTORS OF KMI OR ANY OTHER THIRD PARTY WHO PROVIDES THE SERVICES AND/OR CONTENT, OR ANY PART THEREOF.

YOU AGREE THAT:

  • THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE  AND/OR YOUR CHILD(REN)’S USE OF THE SITE REMAINS SOLELY WITH YOU; AND/OR

  • YOUR PARTICIPATION IN, AS APPLICABLE, THE Services, AND/OR the Content REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

THE KMI SITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY KMI OF SUCH WEBSITES OR THE INFORMATION CONTAINED THEREIN;

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL KMI, OUR AFFILIATES, OR OUR CONTROLLING PARTIES, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, IN THESE CAPITALIZED SECTIONS, "WE" OR "US") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS AND CONDITIONS OR THE USE, OR NON-USE OF THE SITE OR ANY SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING:

  • ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE SITE OR RELATED COMPONENTS; 

  • DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE WEBSITE. WITHOUT RESTRICTING THE FOREGOING, IF CIRCUMSTANCES ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF US, THE AGGREGATE LIABILITY OF US FOR DAMAGES IS LIMITED TO THE AMOUNT PAID TO US BY YOU THROUGH THE SITE DURING THE SIX-MONTH PERIOD PRECEDING THE CIRCUMSTANCES IN WHICH SUCH LIABILITY ARISES.

 

SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS AND CONDITIONS CONSISTENT WITH SUCH PROHIBITIONS.

 

17. Waiver of Liability, Limitation of Liability and Indemnity

  • Waiver of Liability: You waive and shall not assert any claims or allegations of any nature whatsoever against KMI, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (hereafter collectively called the “Released Parties”) arising out of or in any way relating to your use of the Site and/or  your Child(ren)’s use of the Site in accordance with the Terms, and/or participation in, as applicable, the Services, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Site, the Services, and/or the Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your and/or your Child(ren)’s use or other exploitation of the Site, the Services, and/or the Content.

 

You use the Site and allow your Child(ren) to use and/or participate in, as applicable, the Services and/or the Content at your own risk.

  • No Indirect, Etc. Damages. Without limitation of the foregoing, neither KMI nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or participation in the Site, the Services and/or the Content, including without limitation any damages caused by or resulting from your reliance on the Services, the Site or other information obtained from KMI or any other Released Party or accessible via the Site and/or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to KMI, any user or Child or any other Released Party’s records, programs or services.

  • Limitation of Liability. In no event shall the aggregate liability of KMI, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or participation in, as applicable, the Site, the Services and/or the Content exceed any amount paid by you in registration for any Services during the three (3) months prior to the date of any claim, if any.

  • Indemnity. You shall defend, indemnify and hold harmless KMI and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Services and/or the Content and from:

    • the use of and/or participation in (as applicable) the Site (although prohibited), the Services, and/or the Content by your Child(ren), in accordance with the Terms and/or any person to whom you give access to your Account;

    • KMI’s use of the Footage; or

    • your violation of the rights of any third party.

 

18. Termination and Modification of License and Site Offerings

  • Termination. Notwithstanding any provision of these Terms, KMI reserves the right, without notice and in its sole discretion, without any notice or liability to you, to:

    • terminate your license to use the Site, the Services and/or the Content, or any portion thereof;

    • block or prevent your future access to and use of all or any portion of the Site, the Services and/or the Content;

    • change, suspend or discontinue any aspect of the Site, the Services, and/or the Content; and

    • impose limits on the Site, the Services, and/or the Content.

  • Modification. KMI reserves the right to change, amend, or modify any of the terms and conditions contained in these Terms, or any additional policies, guidelines, instructions, agreements and/or rules applicable to the Site, the Services and/or the Content, at any time and in its sole discretion.

 

If we do so, we will notify you at the e-mail address you provide in your Registration Data or on your Account, and we will post a notice on your Account page or elsewhere on the Site visible to you the next time you access the Site. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site or your Account, as applicable, and your continued use of the Site and/or the Services after such time will constitute your acceptance of such changes or modifications.

 

You should from time to time review the Terms and any Additional Policies to understand the terms and conditions that apply to the use of the Site, the Services and/or the Content. The Terms will always show the ‘last updated’ date at the top. You are responsible for regularly reviewing the Site to obtain timely notice of such amendments.

 

If you do not agree to any amended terms and conditions of the Terms, you must stop using the Site and Services. If you have any questions about the Terms, please email us at the contact address below.

 

19. Communications

By creating an Account, you agree to receive certain communications from KMI. For example, you may receive notifications, a newsletter and/or other promotional e-mails.

You can opt-out of non-essential communications through your Account. Notices that we give you (other than notice of amendment of these Terms, which is discussed in Section 18 above) may be provided in any of the following ways:

First, we may email you at the contact information you provide in your Registration Data or on your Account; or

Second, we may post a notice to you on your Account page; or

Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area(s) of the Site suitable to the notice. It is your responsibility to periodically review the Site and your Account page for notices.

 

20. Applicable Law and Venue

  • Governing Law. The Site and Services are controlled by KMI. You and KMI both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and KMI explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

  • Dispute Resolution. Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to:

  • these Terms;

  • the Site, Services or Content;

  • oral or written statements relating to these Terms, or to the Site, Services or Content; or

  • the relationships that result from these Terms, the Site, Services or Content

 

(hereafter collectively called a “Dispute”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts).

 

Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against KMI related to any Dispute and, where applicable, you also agree to opt out of any class proceedings against KMI.

If you have a Dispute, you should give written notice to arbitrate at the address specified below. If we have a Dispute, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Alberta, Canada.

  • Court. To the extent arbitration as described in the immediately preceding subsection (b) is prohibited by applicable law, you agree that all Disputes will be heard and resolved in a court of competent subject matter jurisdiction located in Calgary, Alberta, Canada. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

 

21. Termination of Terms

 

You and KMI may terminate these Terms and your use of the Site at any time. When you terminate these Terms, you must cease using the Site and Services immediately.

If these Terms expire or terminate for any reason, Sections 3, 7, 8, 9, 16, 17, 18, 20, 21, 22, and any representation or warranty you make in these Terms, shall also survive indefinitely.

 

22. Miscellaneous

You acknowledge that you have read the Terms and are familiar with all of the terms, covenants and conditions contained herein, and that you will not revoke said consent during the term of these Terms.

 

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

KMI’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and KMI nor trade practice will act to modify any provision of these Terms. KMI’S rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate any use of the site, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to KMI at law or in equity.

 

KMI may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of KMI, and any such attempted assignment will be void and unenforceable.

 

Singular terms shall be construed as plural, and vice versa, where the context requires.

 

Section headings are a matter of convenience and shall not be considered part of these Terms.

Unless otherwise specified, all references to amounts of money in these Terms refer to Canadian (CAD) currency.

You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between KMI and you as a result of these Terms or use of the site.

Neither party will be responsible for a failure to fulfil its obligations under these Terms and Conditions or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.

These Terms, as amended from time to time, including any and all documents, the Site, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Policy,  constitutes the entire agreement between KMI and you with respect to the matters referred to in these Terms, including your use of the Site, Services and/or Content,  and these Terms supersede all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.

The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

 

23. Questions and Comments

 

If you have any questions regarding these Terms or the use of the Site, Services and/or Content, please contact us here: hello@KoredesMeals.com

Privacy Policy

Welcome to Korede’s Meals.  We value the privacy of our users, and we know that you care deeply about your privacy and the privacy of your children. As a result, we developed this Privacy Policy with these very important interests in mind.

Korede’s Meals Inc. (hereafter “KMI”, “we”, “us”, “our” and terms of similar meaning) is committed to transparently describing our privacy practices, including how we collect, use and disclose:

  • You and your Child(ren)’s personal or personally identifiable information (“Information”); and

  • Data we obtain from your activity on the Site (as defined below) or through the Services (“Data”) as part of providing the KMI website (www.KoredesMeals.com) (the “Site”) and Services.

 

We encourage you to read and understand our terms of service (“Terms”) and this privacy policy (“Privacy Policy”) before using the Site and/or Services. By accepting the Terms and/or Privacy Policy by accessing the Sites or using the Services, you expressly consent to our collection, use and disclosure of Information and Data in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to our Terms.

All capitalized terms that are not otherwise defined herein obtain their meaning from the Terms.

 

1. What Information Do We Collect?

  • General. Our primary purpose in collecting Information and Data from you voluntarily is to provide a safe, smooth, efficient, educational, entertaining and customized experience when using the Site and Services. We will only ask for and collect Information and Data that we consider necessary to ensure a positive and safe experience.

  • Information and Data. When signing up for a user account (“Account”) through the Site, you must provide the Information as requested or where indicated. Where possible, on these forms we indicate which fields are required and which fields are optional. You may be required to provide the following information about your Child(ren) when signing up for a Family Account: name, grade, age, home address, dietary restrictions, allergies, religious restrictions, and food preferences. You may be required to provide the following information about yourself when signing up for an Account (as applicable): name, email address, and home address.

  • Payment and Banking Information. If and when you add a credit/debit card, payment method or banking information to your Account (if and as applicable), such Information will be shared with our third party payment processor(s). We may collect and retain some of your credit/debit card, payment method or banking information (such as payment processor and billing address) on our servers for a minimum of seven (7) years from the date of each transaction you make on the Site. Such Information and Data shall be archived, even after, if ever, an Account, is deleted in accordance with the Terms and this Privacy Policy.

  • Information and Data Collected Automatically:  When you use the Site, KMI automatically receives and records Data from your device, including, but not limited to your location, IP address, operating Data, device Data, cookies, pixel tags, aggregating information, and the page you requested, unless otherwise stated in this Privacy Policy.

    • IP Address: Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the pages that were visited. Collecting IP addresses is standard practices and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the Services. We may also derive your approximate location from your IP address.

    • “Cookies” and similar technologies are small files placed on your computer and devices that assist us in providing the Site and Services. We and our third party service providers use cookies and similar technologies to provide and personalize the Site and Services, analyze use, and prevent fraud. You can disable cookies in your browser settings, however, if you do so, some parts of the Site and/or Services may not function properly.

    • Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compiled statistics about usage of the Services and response rates.

    • By aggregating information: Aggregated information does not identify you or any other user of the Services (for example, we may aggregate information to calculate the percentage of our users who have a particular telephone area code).

  • Information and Data Collected Automatically:  In addition to information you submit through our Site, we may also collect Personal Information from you if you contact us by phone, mail, or other means. Any such information will be treated as Personal Information under this Privacy Policy for all purposes.

 

2. How Do We Use Information and Data?

We may use Information to determine your eligibility to have an Account and be a user of the Site and Services. We may also use Information and Data to:

  • Provide to you the license for the Site, Services and Content; to provide you with the Site, Services and Content, including any Services and Content you might request (e.g., monthly subscription);

  • Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;

  • Improve our marketing and promotional efforts;

  • Advise you of pricing and Site, Service or Content updates;

  • Facilitate transactions and payments (if and as applicable);

  • Resolve service disputes;

  • Troubleshoot problems;

  • Analyze usage of our Site and Services;

  • Improve our Content and Service offerings;

  • Deliver information to you that, in some cases, is relevant to your interests;

  • Customize your experience, the Content, layout and Services;

  • Detect and protect us against error, fraud and other criminal activity;

  • Enforce our terms and conditions;

  • Provide you with system or administrative messages; and/or

  • Provide you with information as otherwise described to you at the time of collection.

 

These uses improve the Site and Services and better tailor it to meet your needs, so as to provide a smooth, efficient, safe and customized experience while using the Site and Services.

 

3. Our Disclosure of Information and Data

  • General Disclosure. We may share Information and Data with third parties only in the ways that are described in this Privacy Policy and in accordance with your consent. We will not share, sell, or rent Information or Data to third parties without your explicit consent.

  • Anonymized Aggregated Data. We may aggregate and anonymize your Data and use and disclose it for a variety of purposes, including analytics. However, in these situations, we do not disclose any Information.

  • Affiliates & Service Providers. We may use the services of affiliates and third-party service providers (collectively, “Third Parties”) in connection with our provision of the Site and Services, including, without limitation, for the processing of payments, off-premise data hosting and communication services. We may disclose Information and Data to the Third Parties in the course of our use of their services. We take care to use Third Parties that we believe are reputable and capable of performing the services we require of them, including, without limitation, the handling of confidential information and Information and Data and the compliance with all applicable laws.

  • Laws and Jurisdictions. Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose Information and Data if we believe that it is reasonably necessary to:

    • Comply with a law (including laws outside your country of residence), regulation or legal request; to protect the safety of any person;

    • Address fraud, security or technical issues;

    • Protect our or any other person’s or entity’s rights or property;

    • Respond to requests from public and government authorities, including public and government authorities outside your country of residence;

    • Enforce our terms and conditions;

    • Protect our operations or those of any of our affiliates;

    • Protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and

    • Allow us to pursue available remedies or limit the damages that we may sustain.

 

However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose Information and Data.

  • Business Matters. We may disclose Information and Data to a third party (or its agents) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in bankruptcy or similar proceedings). If we do this, the disclosure will be subject to confidentiality arrangements customary in such transactions.

  • Storing and Processing Information and Data. In some cases, Information and Data that we collect may be stored or processed outside of the jurisdiction it is received. When that occurs, we continue to protect the Information and Data with appropriate safeguards and data export requirements, but it may be subject to the legal jurisdiction of those countries and governmental authorities in those countries.

 

4. Communication Preferences

You can always unsubscribe from our commercial and promotional emails, but we may still send you communications relating to your Account and use of the Site and/or Services.

 

5. Information and Data Retention

  • General Retention Policy. We will periodically de-identify: i) Information from collected Data in unused Accounts; and ii) unnecessary Information from Data collected elsewhere on and/or through the Site and/or Services. Subject to the terms and conditions of this Privacy Policy, with the exception of aggregated Data, we will delete unused Accounts and the Information and Data associated with them after three (3) years of inactivity.

  • Termination of Account. If your Account is terminated, we will deactivate it, but we may retain Information and Data for a certain period of time when it is necessary to: i) archive Account Information and Data; and/or ii) retain Information and Data related to our Services  and disclose it in a manner consistent with our practices under this Privacy Policy.

 

6. Information and Data Rights

In accordance with the applicable privacy laws, you shall have the following rights with respect to Information and Data:

  • Right of Access and Portability. You may ask for an overview or copy of Information and/or Data to be provided to you; and/or transferred to another organization.

  • Right to Rectification. You may review Information you provided and delete and/or update it through your Account or by contacting us, to ensure it is accurate and complete on the Site.

  • Right to Erasure and Restriction. You may ask us to remove and/or restrict our processing of Information and/or Data in certain circumstances. For example, if you believe we have processed Information and/or Data unlawfully, or if you believe that Information and/or Data is no longer necessary for the purposes in which it was collected or processed, then you may withdraw your consent (as discussed below).

 

Despite such a request, and subject to all applicable laws and the terms and conditions of this Privacy Policy, we may still retain Information and Data for legitimate business interests, to collect any fees owed (if and as applicable), resolve disputes, troubleshoot problems, analyze usage of the Services, assist with any investigations, prevent fraud, enforce our Terms and/or take other actions as required or permitted by law.

  • Right to Object. You may object to us processing Information and/or Data.

  • Right to Withdraw Consent. Where we have asked for your consent to use and/or process Information you provided and Data, you can withdraw this consent at any time. We will do our best to accommodate your request, subject to applicable laws and the terms and conditions of this Privacy Policy.

  • Right to Make Choices: You may make choices regarding subscriptions, updates, and product alerts. You may tell us if you want to receive offers and promotions from us and/or third parties.

 

Please contact us at hello@KoredesMeals.com  if you would like to exercise any of the above rights.

 

7. Children’s Privacy

The KMI Site is not intended for individuals under the age of eighteen (18) years. KMI does not target the Site to individuals under the age of eighteen (18) years. KMI does not intentionally or knowingly collect Information and Data from individuals under the age of eighteen (18), and KMI does not knowingly allow such persons to use the Site. If you are under the age of eighteen (18), please do not send any Information or Data about yourself to us, including your name, address, telephone number, or email address. No one under the age of eighteen (18) may provide any Information or Data to us. If you believe we may have collected any Information or Data from an individual under the age of eighteen (18), please contact us and we will delete that Information or Data as soon as possible.

All full names, personal information, email addresses, and credit card billing information must be from a parent or guardian. We encourage parents to take an active role in their Child(ren)'s activities and interests on their devices.  When registering your Child(ren) with KMI or placing an order, we may ask a series of general questions including your Child(ren)'s age, interests, and dietary preferences. This information is used to customize Content and Services to your child's age and interests, as well as allow us to suggest appropriate types of meals and portion sizes. We do not use or disclose this information for any other purposes except to provide you with quality Services and Content. Any data that is shared is done so on an anonymous, aggregate basis among all users or is related to communicating reading behavior patterns to publishers. By submitting information about the children in your family, you represent to us that you have the legal right to disclose this information to us for the purposes described in this Privacy Policy.

8. Testimonials

If you send us a testimonial, compliment or other positive feedback, we may publish it, but will only identify you by first name, last initial and the ages of the children associated with your account; for example: "Toni K (Kids 5 and 7)".

 

9. Security

We strive to protect Information and Data by putting in place a range of technical and organizational measures to safeguard and secure the Information and Data that we receive from you, including without limitation, security technologies. We are continuously utilizing security measures to protect Information and Data from unauthorized access or against loss, misuse or alteration. Despite our efforts, we cannot guarantee the security of Information and Data. Unauthorized entry or use, hardware or Services failure and other factors, may compromise the security of Information and Data at any time. We reserve the right, without any limitation, to investigate any suspected breaches of the Sites’ security or information technology or other systems or networks.

If you have reason to believe the security of your account has been compromised, please immediately notify us at: hello@KoredesMeals.com

 

9. Changes to This Privacy Policy

KMI may amend this Privacy Policy from time to time. The use of Information and Data that we collect is subject to the Privacy Policy in effect at the time the Information or Data is used. If we make any material changes in the way we use Information or Data, we will notify you by:

  • posting a notice on your Account page or elsewhere on the Site; or

  • e-mailing you at your e-mail address provided in your Registration Data or associated with your Account (if any).

You are bound by any changes to the Privacy Policy when you use the Site and/or Services after such changes have been first posted.

We ask that you refer to the Privacy Policy on a continuing basis so that you understand our current privacy practices.

 

10. Questions?

It is our goal to make our privacy practices easy to understand. If you have questions, concerns or if you would like more detailed information, please email our Privacy Officer at hello@KoredesMeals.com