Legal

Terms & Conditions

Last updated: 2 October 2026

Please read these Terms & Conditions carefully before using the Bestby Bites platform. By accessing or using our services, you agree to be bound by these terms.

1The Bestby Bites Marketplace

1.1 Bestby Bites operates a digital marketplace designed to help reduce food waste by connecting consumers with participating food businesses offering surplus food at discounted prices.

1.2 Consumers ("Users") can browse and reserve offers listed by participating businesses ("Stores").

1.3 Stores may list two kinds of offers: surplus food packages ("Surprise Bags"), whose contents vary depending on available surplus food, and specific items from their weekly flyer ("Flyer Deals").

1.4 Bestby Bites acts solely as a technology intermediary connecting Users with Stores.

1.5 Bestby Bites does not prepare, package, store, inspect, or sell food. The contract of sale is between the User and the Store. Where you pay online, Bestby Bites collects the payment as the Store's agent, and your payment to us settles what you owe the Store.

2Acceptance of Terms

2.1 These Terms constitute a legally binding agreement between you and Bestby Bites Inc.

2.2 You must have reached the age of majority where you live, or use the Platform with a parent or guardian's permission. Children under 13 may not use the Platform. By using the Platform, you confirm that you are legally capable of entering a binding agreement and that you will comply with these Terms.

2.3 If you do not agree with these Terms, you must discontinue use of the Platform immediately.

2.4 These Terms incorporate the following policies:

•Privacy Policy
•Cookie Policy
•Refund & Cancellation Policy
•Food Safety & Liability Disclaimer
•Any additional policies published on the Platform

3How the Platform Works

•Bestby Bites allows Stores to list surplus food packages for reservation.
•Users may browse listings and place reservations through the Platform.
•After placing a reservation, Users must collect the reserved food during the designated pickup window.
•Listings are created and managed by Stores, and availability may change depending on surplus food.

4User Accounts

4.1 To make reservations, you must create an account.

4.2 When creating an account you agree to:

•provide accurate information
•keep account information updated
•maintain the security of your login credentials

4.3 You are responsible for all activity conducted through your account.

4.4 You must not:

•impersonate another person
•share accounts
•create multiple accounts to bypass restrictions

Bestby Bites may suspend accounts that violate these rules.

5Reservations & Pickup

•A reservation allows a User to reserve a Surprise Bag offered by a Store.
•A reservation does not guarantee the exact contents of the food package.
•Stores determine the contents of Surprise Bags based on available surplus food.
•Users must collect their reservation within the specified pickup window.
•Users must show their pickup code (QR code) when collecting food.
•If a User does not collect the order during the pickup window, it is a no-show and no refund is given (see the Refund & Cancellation Policy).
•Flyer Deals are held until the Store closes on your pickup day and are paid at the counter. If you do not collect a Flyer Deal, the reservation expires and you are not charged.

6Cancellations

Reservations may be cancelled by:

•the User, free of charge, until 2 hours before the pickup window starts, and always within 30 minutes of placing the order
•the Store if surplus food becomes unavailable
•Bestby Bites for operational, safety, or legal reasons

If a Store or Bestby Bites cancels your order, for example because the Store 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.

7Food Safety and Allergen Disclaimer

Surprise Bags may contain unknown ingredients. Food purchased through the Platform may not be suitable for individuals with severe allergies or strict dietary restrictions.

Users should contact the Store directly regarding:

•allergen information
•ingredients
•dietary concerns

Please check your food before you eat it. If you have a food allergy or a strict dietary need, confirm the ingredients with the Store first, and do not eat anything you are unsure about. Nothing in these Terms limits the rights you have under consumer protection law.

Stores remain fully responsible for:

•food safety
•food preparation
•hygiene compliance
•regulatory compliance

8Pricing & Payments

8.1 Prices are set by Stores and shown in local currency (currently Canadian dollars, CAD).

8.2 Applicable taxes are added and shown at checkout before you pay.

8.3 Payments may be processed through third-party payment providers.

8.4 Card and wallet payments are charged when you place your reservation. Cash on Pickup orders are paid to the Store when you collect.

8.5 Flyer Deals are always paid to the Store at the counter when you collect.

8.6 Your Bestby Bites wallet holds refunds, promotional credit and cashback in Canadian dollars. Wallet balance can be used only on the Platform, cannot be transferred to another account and cannot be exchanged for cash except where the law requires. Promotional credit may have an expiry date, which is shown when it is issued. Gift cards you pay for do not expire.

9Refund Policy

Refunds follow our Refund & Cancellation Policy. You always get a full refund in these cases:

•the Store cancels your order
•a technical error affects your reservation
•a problem you report within 24 hours of the scheduled pickup time is approved

A refund always returns the full amount you were charged, including sales tax, to the method you paid with.

10Platform Conduct

Users agree not to:

•use bots, scraping tools, or automated systems
•reverse engineer the Platform
•conduct benchmarking or competitor analysis
•upload malicious software or harmful content
•interfere with the Platform's operation
•use the Platform for illegal activities

Violation of these rules may result in account suspension.

11Communications & Marketing

By creating an account, you agree to receive transactional communications including:

•reservation confirmations
•pickup reminders
•service notifications

Marketing communications may be sent only where permitted under CASL. Users may unsubscribe from marketing communications at any time.

12User Content

If you submit reviews, feedback, or other content, you grant Bestby Bites a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content for operating and promoting the Platform.

13Intellectual Property

All Platform content including:

•trademarks
•logos
•software
•text and graphics

are owned by Bestby Bites or its licensors. Users may not copy, reproduce, or exploit Platform content without permission.

14Disclaimer of Warranties

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. Bestby Bites makes no warranties regarding:

•platform availability
•reliability
•accuracy of store listings
•uninterrupted service

15Limitation of Liability

To the maximum extent permitted by law, Bestby Bites is not liable for indirect, incidental, or consequential damages. Total liability for claims related to the Platform will not exceed the amount paid by the User through the Platform in the preceding 12 months.

16Marketplace Liability Protection

Bestby Bites operates solely as a digital marketplace. Stores are the legal sellers of food products listed on the Platform. All claims relating to food quality, food safety, allergens, contamination, or illness must be directed to the Store. To the fullest extent permitted by law, Bestby Bites is not responsible for food-related claims.

17Indemnification

You agree to indemnify and hold harmless Bestby Bites from claims arising from:

•misuse of the Platform
•violation of these Terms
•your conduct or content

18Suspension or Termination

Bestby Bites may suspend or terminate access if:

•fraudulent activity occurs
•security risks arise
•these Terms are violated

19Force Majeure

Bestby Bites is not responsible for delays or failures caused by events beyond reasonable control, including:

•natural disasters
•internet outages
•government actions
•technical failures

20Governing Law

These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, except where the mandatory consumer protection laws of your country require otherwise.

21Changes to Terms

Bestby Bites may update these Terms from time to time. If a change is material, we will tell you by email or by a notice on the Platform before it takes effect. Continued use of the Platform after that date means you accept the updated Terms. If you do not agree, you can stop using the Platform and delete your account.

22Deleting Your Account

You can delete your account at any time on the website (and in our apps once they launch) under Account > Delete account, or by writing to support@bestbybites.com. Deleting your account cancels any reservations you have not yet collected. The records we must keep by law are described in the Privacy Policy.

23App Store Terms

Our iOS app is coming soon. If you download it from the Apple App Store, the following also applies. These Terms are between you and Bestby Bites Inc., not Apple. Apple is not responsible for the app or its content and has no obligation to provide maintenance or support for it. To the extent permitted by law, Apple gives no warranty for the app, and Apple is not responsible for any claim relating to the app, including product liability, consumer protection or intellectual property claims. Your licence to use the app is limited to Apple devices you own or control, as allowed by the App Store usage rules. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. You confirm that you are not in a country under a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.

24Contact

Bestby Bites Inc. · Brampton, Ontario, Canada · support@bestbybites.com · www.bestbybites.com

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