Legal

Food Safety & Liability Disclaimer

Last updated: 2 October 2026

Food safety on Bestby Bites

Surplus food on Bestby Bites is good food that simply didn’t sell. Every store is a food business that must follow provincial and local food safety rules. In Canada, a best-before date is about freshness and quality, not safety.

Food safety is a team effort

Stores

Follow food safety rules; store, pack and label food properly.

Bestby Bites

Verifies each new store's business registration before its bags and flyers go on sale, reviews every report and removes stores that don't meet our standards.

You

Check food at pickup, store it properly and report issues within 24 hours.

Best-before vs expiration date

Best-before

Tells you how long an unopened food keeps its best freshness, taste and texture. Food can often be eaten after this date if it looks, smells and tastes fine.

Expiration date

Required on only a few foods in Canada, such as infant formula and meal replacements. Don’t eat these after the date.

Our rule: Surprise Bags never include food past an expiration date.

Source: Canadian Food Inspection Agency (CFIA), inspection.canada.ca

Allergies and dietary needs

Surprise Bag contents change daily, so we can’t guarantee they’re free from any allergen. Check the store’s dietary tags and always ask staff at pickup before eating. Flyer Deals show the product’s own label.

By accessing the Platform, creating an account, reserving food, collecting food from participating Stores, or consuming food obtained through the Platform, you acknowledge that you have read, understood, and accepted this Food Safety & Liability Disclaimer.

1Nature of the Bestby Bites Platform

Bestby Bites operates a digital marketplace designed to reduce food waste while providing consumers with access to discounted surplus food. The Platform allows food businesses ("Stores") to list surplus food that may otherwise go unsold. Users of the Platform can browse listings, reserve food packages, and collect food directly from the Store during the designated pickup window. Bestby Bites provides technology services only and facilitates connections between Users and Stores.

Bestby Bites does not:

  • •prepare food
  • •cook food
  • •package food
  • •store food products
  • •transport food products
  • •deliver food products
  • •inspect food preparation facilities
  • •supervise kitchen operations
  • •control ingredient selection

All food listed on the Platform is prepared, handled, and provided directly by independent Stores. The Store is the seller of the food product and retains full responsibility for the food provided to Users.

2Independent Store Responsibility

Stores participating on the Platform operate independently from Bestby Bites. Each Store is solely responsible for all aspects of food preparation, food safety, and regulatory compliance. Stores are responsible for:

  • •food preparation and cooking
  • •ingredient sourcing and quality
  • •allergen disclosure
  • •safe storage and temperature control
  • •hygiene and sanitation practices
  • •employee food-safety training
  • •compliance with food safety laws
  • •compliance with local health authority regulations

Stores must comply with all applicable public health and food safety regulations in the jurisdiction where they operate. Bestby Bites does not inspect Store kitchens or food preparation environments and does not certify Store compliance with health regulations.

3Surplus Food Model

The Platform is designed to reduce food waste by enabling Stores to sell surplus food. Food offered through the Platform may include items that:

  • •are close to their best-before date
  • •are surplus from daily food production
  • •are leftover items from menu preparation
  • •vary in quantity or type
  • •may differ from regular menu offerings

Many listings are offered as "Surprise Bags." Surprise Bags contain a selection of surplus food items determined by the Store at the time of pickup. The exact contents are not guaranteed and may change depending on what food remains available.

4Food Quality and Freshness

Stores are expected to provide food that is safe for consumption. However, because the Platform focuses on surplus food, food may differ from typical retail or restaurant offerings. Food obtained through the Platform may:

  • •have a shorter remaining shelf life
  • •require prompt consumption
  • •require refrigeration or reheating
  • •differ in packaging or presentation

Users should inspect food carefully at the time of pickup. If a User believes that food appears spoiled, damaged, contaminated, or unsafe, the User should not eat the food and should report it through Help & Support within 24 hours of the scheduled pickup time. Bestby Bites will review the report with the Store.

5Allergies and Dietary Restrictions

Users with food allergies or dietary restrictions should exercise caution when purchasing food through the Platform. Bestby Bites does not verify ingredient lists or allergen information provided by Stores. Ingredient lists may not always be available for Surprise Bags. Users are responsible for confirming allergen and ingredient information directly with the Store before consuming food. Food may contain allergens that food regulators commonly recognise as priority allergens, including:

  • •peanuts
  • •tree nuts
  • •sesame
  • •milk
  • •eggs
  • •fish
  • •crustaceans and molluscs (shellfish)
  • •soy
  • •wheat and triticale
  • •mustard
  • •sulphites

Individuals with severe allergies should carefully assess the risks before purchasing food. Bestby Bites cannot guarantee that food products are free from allergens.

6Temperature and Storage Considerations

Food safety can be affected by improper storage or temperature control. Once food has been collected from a Store, the User becomes responsible for proper handling and storage. Users should:

  • •refrigerate perishable food when appropriate
  • •avoid leaving food unrefrigerated for extended periods
  • •follow reheating instructions provided by the Store
  • •consume food within a reasonable time

Food may spoil if left at unsafe temperatures. Bestby Bites is not responsible for food spoilage occurring after pickup.

7Transportation and Handling After Pickup

Once food has been collected, responsibility for transportation and handling transfers to the User. Users should transport food safely and minimize the time between pickup and storage. Food should not be left in vehicles or environments where heat or cold may compromise safety. Proper storage after pickup is essential to reduce the risk of foodborne illness.

8Consumption Risk

Before eating, please check your food and follow the storage guidance in section 6. To the extent permitted by law, Bestby Bites is not responsible for how Stores prepare or handle food. By reserving, collecting, or consuming food obtained through Bestby Bites, Users acknowledge that:

  • •food preparation occurs at independent Stores
  • •food safety practices are controlled by the Store
  • •surplus food may vary in freshness
  • •proper handling after pickup is the User's responsibility

Users accept responsibility for deciding whether to consume food purchased through the Platform.

9Refunds and Cancellations

Refunds may be issued in circumstances including store cancellation, technical errors affecting reservations, or exceptional service issues. Report a problem within 24 hours of the scheduled pickup time. A refund always returns the full amount you were charged, including sales tax, to the method you paid with. A reservation may be cancelled by the User free of charge until 2 hours before the pickup window starts, by the Store if surplus food becomes unavailable, or by Bestby Bites for operational, safety, or legal reasons. If a store cancels your order, for example because it sold out or closed unexpectedly, we automatically refund the full amount you paid, including tax, to your original payment method. You don't need to do anything.

10Limitation of Liability

To the maximum extent permitted by law, Bestby Bites shall not be liable for any damages or losses related to food purchased through the Platform. This includes but is not limited to:

  • •food preparation practices
  • •ingredient inaccuracies
  • •allergen exposure
  • •food contamination
  • •food spoilage
  • •foodborne illness
  • •allergic reactions
  • •adverse health effects from food consumption

Any claims relating to food quality or food safety must be directed to the Store that prepared the food.

11Reporting Food Safety Concerns

If a User experiences a food safety concern related to food purchased through the Platform, the User may contact Bestby Bites customer support. Bestby Bites may assist with communication between the User and the Store. However, the Store remains solely responsible for food preparation and food safety compliance. Users may also contact local public health authorities if they believe food safety regulations have been violated.

12Regulatory Oversight

Food businesses participating on the Platform remain subject to inspection and regulation by local public health authorities. Bestby Bites does not perform health inspections or food safety audits and does not replace or perform the regulatory functions of public health agencies.

13User Responsibilities

Users agree to:

  • •collect food during the designated pickup window
  • •inspect food at pickup
  • •follow safe food handling practices
  • •properly store food after collection
  • •avoid consuming food that appears spoiled or unsafe

Users with concerns about food quality should report them through Help & Support within 24 hours of the scheduled pickup time. Bestby Bites will review the report with the Store.

14Updates to This Disclaimer

Bestby Bites may update this Food Safety & Liability Disclaimer periodically to reflect operational, regulatory, or legal changes. Updated versions will be published on the Platform with a revised effective date. Continued use of the Platform after updates indicates acceptance of the revised disclaimer.

15Contact Information

If you have questions about this Food Safety & Liability Disclaimer, please contact Bestby Bites at support@bestbybites.com or visit www.bestbybites.com.

Questions? Contact Bestby Bites Inc. at support@bestbybites.com · www.bestbybites.com

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