Customer Terms of Service (Canada)

Welcome to Bite Wise. These Customer Terms of Service (the "Terms") are a binding agreement between you and Bite Wise ("Bite Wise," "we," "us") and govern your use of the Bite Wise website and services (the "Service") to find and buy discounted surplus food from participating restaurants. By selecting Accept when you create an account, or by using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, select Decline and do not use the Service.

These are the Terms for customers in Canada. Customers in the United States agree to the US Terms.

1. Who we are and what we do

1.1 Marketplace only. Bite Wise operates an online marketplace that connects customers with independent restaurants, cafés, bakeries and other food businesses ("Restaurants") that sell surplus food. Bite Wise does not prepare, cook, store, package, handle, inspect or sell food. Each purchase is a sale made by the Restaurant to you. Bite Wise facilitates the order and payment.

1.2 Surplus food. Food offered on Bite Wise ("Offers") is food a Restaurant has already prepared and would otherwise discard. For example, it may be a mistaken order, an order that was delayed or never collected, or end-of-day or excess production. You understand that surplus food:

• may have been prepared some time before you buy it, and should be picked up promptly and eaten or refrigerated soon after pickup;
• may differ from the Restaurant's regular menu item in portion, packaging, preparation or ingredients (for example, a "wrong order" item may contain ingredients a previous customer asked for); and
• is sold in the condition described by the Restaurant, in limited quantities, while its discard timer is running.

2. Eligibility and your account

2.1 You must have reached the age of majority in your province or territory (18 or 19) and be able to form a binding contract to create an account. The Service is available in Canada, in the areas where participating Restaurants operate.

2.2 You agree to give accurate information (including a valid email address), to keep your password confidential, and to be responsible for all activity on your account. Tell us immediately at support@bitewise.app if you believe your account has been used without your permission. You may have only one customer account.

3. Allergens, dietary information and food safety

3.1 Restaurants supply all food information. Item names, descriptions, photos, ingredients and dietary tags (such as "vegan" or "gluten-free") are provided by the Restaurant. Bite Wise does not verify them and does not guarantee that food is free of any allergen.

3.2 If you have a food allergy or dietary restriction, ask the Restaurant before you eat. Surplus food may have been prepared in kitchens that handle common allergens, including peanuts, tree nuts, sesame, milk, eggs, fish, crustaceans and molluscs, soy, wheat and triticale, mustard, and sulphites, and "wrong order" items may contain ingredients that differ from the regular menu. Do not buy or eat an item if you are unsure it is safe for you.

3.3 Inspect food before you accept it. Check your order at the counter when you pick it up. If it appears unsafe, spoiled or not as described, do not accept or eat it, and tell the Restaurant and us at support@bitewise.app. Once you accept your order, it is yours as is (Section 6).

3.4 Each Restaurant is responsible for complying with food safety laws, including the food safety and food premises laws of its province or territory, local public health rules and, where they apply, the Safe Food for Canadians Act and Regulations.

4. Ordering, pricing and payment

4.1 Prices. Before you place an order, we show you the item's original price, the Restaurant's discount, the discounted price, a Bite Wise service fee (currently 15% of the food subtotal), applicable sales tax, and the total. Sales tax on the food is at the Restaurant's local rate; HST on the service fee is at the Newfoundland and Labrador rate for Bite Wise's location. Orders are charged in the currency of the Restaurant's country: U.S. dollars at Restaurants in the United States and Canadian dollars at Restaurants in Canada. If your card is in another currency, your card issuer may charge its own conversion fees.

4.2 Payment authorization. When you place an order, we (through our payment processor) place a temporary authorization hold on your debit or credit card for the order total. Your card is charged only when the Restaurant confirms pickup by entering your PIN. If you cancel an order or do not pick it up, the hold is released except for the service fee, which is charged as described in Section 4.6. Your card issuer controls how long it takes for a released hold to disappear from your statement.

4.3 Saved cards. If you choose to save a card, you authorize us and our payment processor to store it securely and to use it for future orders you place. Card numbers are handled by our payment processor. Bite Wise stores only the card brand, last four digits and expiry date. You can remove a saved card at any time on your Account page.

4.4 Order confirmation. An order is confirmed when you receive a 4-digit pickup PIN. The Restaurant may decline or cancel an order it cannot fulfil (for example, if food is found to be unsuitable), in which case you will not be charged.

4.5 Taxes. Because you pick your order up at the Restaurant, sales taxes are charged for the province or territory where the Restaurant is: the GST or HST, and any provincial sales tax on restaurant meals (PST, RST or QST), which we calculate automatically. The tax on your food is passed to the Restaurant, which reports and remits it, except where Bite Wise is required to collect and remit it as a platform operator under the Excise Tax Act or provincial law. Any tax on the Bite Wise service fee is remitted by Bite Wise.

4.6 The service fee is not refundable. The Bite Wise service fee pays for reserving the food for you and processing your order, and it is not refunded, whether or not you pick up your order. In particular:

• if you cancel an order, or do not pick it up before the discard timer ends (a missed pickup, Section 5.4), you are charged the service fee (and any sales tax on it), and the rest of the hold is released; if you paid part of the order with Platform Credit, the service fee is charged to your card first and then taken from that credit;
• completed orders are not refunded at all (Section 6).

The only exception is an order the Restaurant or Bite Wise cancels or declines (for example, because the food became unavailable or unsafe, or the Restaurant's account was closed), or an order whose payment failed: those holds are released in full and you are not charged at all.

4.7 Coupons. From time to time Bite Wise may send you coupon codes. A coupon may waive the service fee, or take a fixed amount or a percentage off the price of the food, as the coupon says. Enter the code at checkout; the discount is shown before you place your order. One coupon can be used per order, and each coupon once per customer. Coupons work only at Restaurants in the country they were issued for, only until their expiration date, and only while Bite Wise has not withdrawn them. They have no cash value, cannot be sold, transferred or exchanged for Platform Credit, and are void where prohibited. If an order is cancelled before pickup, or its payment fails, you can use the coupon again; a missed pickup uses it up. Sales tax is charged on the price after the coupon. We may refuse or reverse a coupon used by mistake, against these Terms or fraudulently.

5. Pickup, PIN and the discard timer

5.1 Each Offer has a discard timer set by the Restaurant. You must pick up your order at the Restaurant before the timer ends. If you do not, the Restaurant may discard the food, your order will be released 10 minutes after the timer ends, and you will be charged only the non-refundable service fee (Section 4.6).

5.2 Your PIN is how the Restaurant confirms that you are the buyer. Keep it private. Anyone who presents your PIN may receive your order, and your card will be charged when the Restaurant enters it. Bite Wise is not responsible for orders collected by someone using a PIN you shared.

5.3 You may cancel an order from the My Orders page at any time before it is picked up. The food goes back on sale and the hold on your card is released, except for the non-refundable service fee (Section 4.6).

5.4 Missed pickups. An order that you do not pick up and do not cancel before the discard timer ends is a missed pickup: the food was held for you, could not be sold to anyone else, and is usually thrown away. To prevent food waste, Bite Wise counts missed pickups automatically, and the following steps are taken automatically by the platform, without further notice:

• Three missed pickups in a row: your account is suspended for 30 days. While it is suspended you cannot log in or place orders, and any open orders are cancelled without charge. When the 30 days are over, your account is reactivated automatically.
• After a suspension: the first missed pickup after your account is reactivated results in the permanent closure (ban) of your account, as described in Section 12.
• Picking up an order resets the count of missed pickups in a row. Orders you cancel before the timer ends, and orders the Restaurant cancels or declines, are not missed pickups.
• We email you after each missed pickup, and when your account is suspended or closed. Bite Wise administrators are notified as well and may review or reverse a suspension or ban. If you believe a missed pickup was recorded in error, contact us at support@bitewise.app.

6. All sales are final: food is sold as is

6.1 Sold as is. Surplus food is food a Restaurant has already prepared and would otherwise throw away. It is sold at a discount, as is, in the condition it is in when you pick it up, with no warranty of any kind from the Restaurant or Bite Wise beyond what the law requires.

6.2 No right to a refund. All sales are final. Once you have picked up an order (the Restaurant has entered your PIN), you are not entitled to a refund from the Restaurant or from Bite Wise, in whole or in part. This includes matters of taste, portion, temperature, packaging or preparation, and food that differs from the Restaurant's regular menu. Surplus food can't be resold once it has left the Restaurant, so this rule keeps food from being bought and returned and going to waste. The service fee is never refunded (Section 4.6).

Courtesy refunds. Bite Wise may, on a case-by-case basis and at its sole discretion, give a refund as a courtesy or for your loyalty, either to your original form of payment or as Bite Wise Platform Credit (Section 6.6). A courtesy refund is a goodwill gesture, not a right: Bite Wise has no obligation to give one, and giving one does not mean it will be given again. Card refunds usually appear within 5 to 10 business days, depending on your card issuer.

6.3 Before you accept it. Because there are no refunds, please check your order at the counter (Section 3.3). If it is not the food you ordered, or it appears unsafe or spoiled, do not accept it: the Restaurant can cancel the order through Bite Wise support, and then you are not charged (Section 4.6).

6.4 Report safety problems. If you believe food made you ill or was unsafe, contact your local health department and tell us at support@bitewise.app, so we can review the Restaurant.

6.5 Your legal rights. Nothing in these Terms limits any right you have under the consumer protection legislation of your province or territory (for example, Ontario's Consumer Protection Act, 2002, or Quebec's Consumer Protection Act) or other laws that cannot be waived. Where such a law requires a refund, it will be given as the law requires.

6.6 Bite Wise Platform Credit. Platform Credit is a promotional and courtesy balance issued by Bite Wise, at its discretion, to your account.

• Where you see it: your balance appears in the site header, on your Account page (with a history of every credit and use), and at checkout.
• Using it: you choose whether to use it and how much, up to your balance and the order total. Any remainder is charged to your card, and the card portion must be at least $0.50.
• Unused orders: credit applied to an order that is cancelled, declined or not picked up is returned to your balance, less any part of the non-refundable service fee it paid (Section 4.6).
• Currency: Platform Credit is in the currency of your country of residence (U.S. dollars in the United States, Canadian dollars in Canada) and can be used only at Restaurants in that country.
• Restrictions: Platform Credit has no cash value, cannot be purchased, reloaded, sold or transferred, and cannot be redeemed for cash except where required by law.
• Expiry: it does not expire while your account is open and in good standing. If we close your account for fraud or a serious breach of these Terms, unused credit is forfeited to the extent permitted by law.
• Errors: we may correct credit issued in error.
• Who pays: Platform Credit is funded by Bite Wise; when you use it, the Restaurant is paid in full for your order.

7. Acceptable use

You agree not to: (a) use the Service for anything unlawful, fraudulent or harmful; (b) resell food bought through Bite Wise; (c) place orders you do not intend to pick up (see Section 5.4), or repeatedly abuse cancellations or holds; (d) harass, threaten or abuse Restaurant staff or other users; (e) try to guess PINs, access other accounts, or interfere with the security or operation of the Service; (f) scrape, copy or reverse-engineer the Service except as allowed by law; or (g) use someone else's payment card without permission. We may suspend or close accounts that break these rules.

8. Intellectual property

The Service, including the Bite Wise name, logo, design and software, is owned by Bite Wise or its licensors and protected by law. We grant you a limited, personal, non-transferable, revocable licence to use the Service for its intended purpose. Restaurant names, menus and photos belong to the Restaurants.

9. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available." Bite Wise does not make any warranty about food sold by Restaurants, including its quality, safety, ingredients, allergens, fitness for a particular purpose or conformity to its description, which are the Restaurant's responsibility. We do not guarantee that the Service will be uninterrupted, error-free, or that any particular Offer will be available.

10. Limitation of liability

10.1 To the fullest extent permitted by law, Bite Wise and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits or data, arising out of or related to your use of the Service or food purchased through it.

10.2 To the fullest extent permitted by law, Bite Wise's total liability for any claim arising out of or relating to these Terms or the Service is limited to the greater of (a) the amounts you paid through the Service in the 6 months before the claim arose, or (b) $100.

10.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence, wilful misconduct, or death or personal injury caused by Bite Wise's negligence.

11. Indemnity

To the extent permitted by the consumer protection laws of your province or territory, You agree to indemnify and hold Bite Wise harmless from claims, losses and expenses (including reasonable legal fees) arising from your misuse of the Service or your violation of these Terms or the law.

12. Suspension and termination

You may close your account at any time by contacting us. We may suspend your access for a set number of days, or terminate it permanently (a ban), if you violate these Terms, if required by law, or to protect users, Restaurants or the Service. Missed pickups lead to an automatic suspension and then an automatic ban as described in Section 5.4. A banned person may not open a new account, and any open orders are cancelled without charge. Sections that by their nature should survive termination (including Sections 3, 6, 9, 10, 11 and 14) will survive.

13. Changes to these Terms

We may update these Terms from time to time. If we make changes, we will post the new version with a new effective date and ask you to review and accept it before you continue using the Service. If you do not accept the updated Terms, you may close your account.

14. Governing law and disputes

14.1 These Terms are governed by the laws of the province or territory in which you live and the federal laws of Canada that apply there.

14.2 Before filing a claim, you agree to contact us at support@bitewise.app and try to resolve the dispute informally for at least 30 days. Either party may bring an individual claim in small claims court if it qualifies. Otherwise, any dispute will be resolved in the courts of the province or territory where you live, and you and Bite Wise consent to their jurisdiction. Nothing in this section takes away a right to sue in a particular court that the law gives you as a consumer.

15. General

These Terms and the Privacy Policy are the entire agreement between you and Bite Wise about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. You agree that accepting these Terms electronically has the same effect as a handwritten signature under the electronic commerce and electronic transactions laws of your province or territory.

16. Contact

Bite Wise · Seattle, Washington · support@bitewise.app