OctoFood Terms of Service
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1. Introduction and Acceptance
1.1 Agreement
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and OctoFood Inc. ("OctoFood", "we", "us", or "our"), a corporation incorporated under the laws of British Columbia, Canada. By accessing or using the OctoFood platform, including our mobile application and website (collectively, the "Platform"), you agree to be bound by these Terms.
1.2 Modifications
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and, where practicable, by sending you a notification via the Platform or email. Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform immediately.
1.3 Additional Terms
Certain features of the Platform may be subject to additional terms and conditions, including our Privacy Policy, Refund and Cancellation Policy, and Acceptable Use Policy. Such additional terms are incorporated by reference into these Terms.
2. Eligibility
2.1 Age Requirement
You must be at least 13 years of age to create an account on the Platform. If you are under 18 years of age (or the age of majority in your province or territory of residence), you may only use the Platform with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
2.2 Legal Capacity
By using the Platform, you represent and warrant that you have the legal capacity to enter into a binding agreement and that your use of the Platform does not violate any applicable law or regulation.
2.3 Geographic Availability
The Platform is currently available in select markets within British Columbia, Canada. We may expand or restrict geographic availability at our discretion.
3. Account Registration
3.1 Account Creation
To place orders through the Platform, you must create a user account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.3 One Account Per Person
Each individual may maintain only one active account. We reserve the right to suspend or terminate duplicate accounts.
3.4 Account Termination by User
You may delete your account at any time through the Platform settings or by contacting us. Account deletion is subject to our Data Retention Policy.
4. How the Platform Works
4.1 Marketplace Model
OctoFood operates as a technology marketplace that connects customers with independent restaurant partners ("Merchants"). OctoFood does not prepare, cook, package, or handle any food or beverages. All food and beverages are prepared and provided solely by the Merchants.
4.2 Pickup and Dine-In Only
The Platform facilitates pickup and dine-in orders only. OctoFood does not provide delivery services.
4.3 No Agency
OctoFood is not an agent, employee, or representative of any Merchant, and no Merchant is an agent, employee, or representative of OctoFood. OctoFood does not guarantee the quality, safety, legality, or availability of any food or beverages offered by Merchants.
4.4 Merchant Independence
Each Merchant is an independent business and is solely responsible for:
- The preparation, quality, and safety of food and beverages
- Compliance with all applicable food safety regulations, health codes, and licensing requirements
- The accuracy of menu items, descriptions, ingredient lists, allergen information, and pricing
- Fulfilling orders in a timely manner
5. Orders
5.1 Placing Orders
When you place an order through the Platform, you are making an offer to purchase food or beverages from the applicable Merchant. The Merchant may accept or reject your order at its discretion.
5.2 Order Confirmation
An order is confirmed when the Merchant accepts it through the Platform. You will receive a notification confirming your order. Until an order is confirmed, no binding contract for the sale of food or beverages exists between you and the Merchant.
5.3 Order Accuracy
You are responsible for reviewing your order details before submission, including items, quantities, special instructions, and pickup time.
5.4 Order Pickup
You are responsible for picking up your order at the designated Merchant location within the specified pickup window. Failure to pick up your order may result in forfeiture of payment as described in our Refund and Cancellation Policy.
6. Pricing, Taxes, and Fees
6.1 Menu Pricing
All menu item prices are set by the Merchants and displayed on the Platform in Canadian dollars. Prices are subject to change at the Merchant's discretion.
6.2 Applicable Taxes
All orders are subject to applicable taxes as required by law. For orders in British Columbia, this includes:
- Goods and Services Tax (GST): 5%
- Provincial Sales Tax (PST): 7%
Tax amounts are calculated and displayed at checkout before you confirm your order.
6.3 Surcharge
An optional platform surcharge of $0.99 CAD may apply to orders with a subtotal exceeding $30.00 CAD. This surcharge is set by the Merchant (who may opt out) and, where applicable, is included in the taxable base. The surcharge will be clearly displayed at checkout.
6.4 No Hidden Fees
OctoFood does not charge customers subscription fees, membership fees, or service fees beyond the amounts displayed at checkout.
7. Payment
7.1 Payment Processing
All payments are processed securely through Stripe, our third-party payment processor. By placing an order, you authorize Stripe to charge your selected payment method for the total order amount, including applicable taxes and any surcharge.
7.2 Payment Methods
We accept payment methods supported by Stripe, which may include credit cards, debit cards, and other digital payment methods. You represent and warrant that you are authorized to use the payment method you provide.
7.3 Payment Authorization
When you place an order, a hold or charge may be placed on your payment method for the order total. If your payment method is declined, your order will not be processed.
7.4 Currency
All transactions are conducted in Canadian dollars (CAD).
7.5 Receipts
Electronic receipts for completed orders are available through the Platform.
8. Refunds and Cancellations
8.1 General Policy
Refund and cancellation terms are governed by our separate Refund and Cancellation Policy, which is incorporated into these Terms by reference.
8.2 Fulfillment Failures
If a Merchant fails to fulfill your confirmed order (e.g., the restaurant is unexpectedly closed, the order is lost, or the order is materially incomplete), OctoFood will process a refund within 24 hours of the reported issue.
8.3 Quality Disputes
Disputes regarding food quality, taste, or presentation are managed directly between you and the Merchant through the Platform.
8.4 No-Show
If you fail to pick up a confirmed order, the first occurrence will result in an automatic refund. Subsequent no-shows are subject to the Merchant's configured no-show policy, which may include forfeiture of payment.
8.5 Refund Method
All refunds are returned to your original payment method via Stripe. Processing times may vary depending on your financial institution.
9. User Conduct
9.1 Acceptable Use
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Platform in any way that violates any applicable federal, provincial, or local law or regulation
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
- Interfere with or disrupt the Platform, servers, or networks connected to the Platform
- Use any automated system, including bots, crawlers, or scrapers, to access the Platform without our prior written consent
- Attempt to gain unauthorized access to any part of the Platform, other accounts, or any systems or networks connected to the Platform
- Use the Platform to transmit any viruses, malware, or other harmful code
- Engage in any conduct that restricts or inhibits any other user from using or enjoying the Platform
- Harass, abuse, or threaten Merchants, their staff, or other users
9.2 Content Standards
Any content you submit through the Platform (including reviews, ratings, and feedback) must be accurate, lawful, and not infringe upon the rights of any third party.
10. Intellectual Property
10.1 OctoFood Intellectual Property
The Platform, including its design, features, content, trademarks, logos, and software, is owned by or licensed to OctoFood and is protected by Canadian and international intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform without our prior written consent.
10.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use in accordance with these Terms.
10.3 User Content
By submitting content to the Platform (such as reviews or feedback), you grant OctoFood a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, and distribute such content in connection with the operation of the Platform. You retain ownership of your content.
10.4 Merchant Content
Menu items, descriptions, images, and other content provided by Merchants are owned by the respective Merchants. Such content is displayed on the Platform with the Merchant's authorization.
11. Disclaimers
11.1 Platform "As Is"
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.2 Food and Beverage Disclaimer
OCTOFOOD DOES NOT PREPARE, COOK, HANDLE, OR INSPECT ANY FOOD OR BEVERAGES OFFERED THROUGH THE PLATFORM. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE QUALITY, SAFETY, LEGALITY, OR SUITABILITY OF ANY FOOD OR BEVERAGES PROVIDED BY MERCHANTS. IF YOU HAVE FOOD ALLERGIES OR DIETARY RESTRICTIONS, YOU ARE SOLELY RESPONSIBLE FOR COMMUNICATING THOSE TO THE MERCHANT AND VERIFYING THAT YOUR ORDER IS SAFE FOR YOUR CONSUMPTION.
11.3 Availability
We do not guarantee that the Platform will be available at all times or that it will be free of errors, interruptions, or security vulnerabilities.
12. Limitation of Liability
12.1 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OCTOFOOD'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO OCTOFOOD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS ($100 CAD).
12.2 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OCTOFOOD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OCTOFOOD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 Food-Related Claims
Without limiting the foregoing, OctoFood shall not be liable for any illness, injury, allergic reaction, or other harm resulting from food or beverages prepared by Merchants.
13. Indemnification
You agree to indemnify, defend, and hold harmless OctoFood, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Platform
- Your violation of these Terms
- Your violation of any applicable law or the rights of any third party
- Any content you submit through the Platform
14. Dispute Resolution
14.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at [support email] and attempt to resolve the dispute informally for at least thirty (30) days.
14.2 Mediation
If the dispute cannot be resolved informally, either party may submit the dispute to mediation administered in 🇨🇦 Canada, in accordance with applicable mediation rules.
14.3 Jurisdiction
Any legal proceedings arising out of or relating to these Terms shall be brought exclusively in the courts of British Columbia, and you consent to the exclusive jurisdiction and venue of such courts.
14.4 Class Action Waiver
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
16. Termination
16.1 Termination by OctoFood
We may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to violation of these Terms, fraudulent activity, or prolonged inactivity.
16.2 Termination by User
You may terminate your account at any time by deleting it through the Platform settings or by contacting us.
16.3 Effect of Termination
Upon termination, your right to use the Platform ceases immediately. Sections of these Terms that by their nature should survive termination (including but not limited to Sections 10, 11, 12, 13, 14, and 15) shall survive.
16.4 Outstanding Obligations
Termination does not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations.
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy, Refund and Cancellation Policy, and any other policies referenced herein, constitute the entire agreement between you and OctoFood regarding your use of the Platform.
17.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
17.3 Waiver
The failure of OctoFood to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
17.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. OctoFood may assign these Terms without restriction.
17.5 Notices
Notices to you may be provided via the Platform, email, or other reasonable means. Notices to OctoFood must be sent to:
OctoFood Inc.
[Address]
🇨🇦 Canada
Email: [legal email]
17.6 Language
These Terms are drafted in English. In the event of any conflict between an English version and a translated version, the English version shall prevail.
18. Contact Us
If you have any questions about these Terms of Service, please contact us at:
OctoFood Inc.
Email: [support email]
Address: [Address], 🇨🇦 Canada
*Last updated: 2026-02-18*