Privacy Policy
By using or placing an order via the MyBite branded application or website, you confirm that you accept these terms and conditions and agree that they will apply to you each time you request a Delivery Service (as defined below), Shopping Service (as defined below), or MyBite Service (as defined below). Delivery Services include delivery services provided by Third Party Providers when you use MyBite, but do not include third-party delivery services provided by merchants or restaurants. Shopping Services include shopping and delivery services (which include identifying, selecting, and purchasing the applicable Item(s)) provided by Third Party Providers, but do not include third-party shopping and delivery services provided by merchants or restaurants. Please read these terms carefully before requesting any Services (as defined below) using MyBite.
For clarity, MyBite Inc. continues to own and provide you with the right to use and access the MyBite website and apps, and the MyBite Inc. Terms and Conditions (set out above) also apply.
Contractual Relationship
These terms and conditions for MyBite (“MyBite Terms”) govern your use of, and the provision of MyBite Services (as defined below) requested using the MyBite mobile and web-based applications and other interfaces offered by MyBite (the “MyBite App”).
Scope of these Terms:
These MyBite Terms apply to the provision of (i) delivery services by Third Party Providers (“Delivery Services”); (ii) shopping services, which include picking, paying for, and then delivering the applicable Item(s) by Third Party Providers (“Shopping Services”); and/or (iii) services rendered by MyBite Inc. that facilitate your requests to Third Party Providers (the “MyBite Services”), which are offered to you via the MyBite App (collectively, the “Services”). The Services provided under these MyBite Terms are provided in addition to, but separately and apart from the services provided by MyBite Inc. under the MyBite Inc. – Terms and Conditions, available here (“MyBite Terms”). The MyBite Terms apply to the access or use by you of any application, website, content, product, or service made available by MyBite Inc. under the MyBite Terms (“MyBite Services”).
In addition, the Services do not include the purchase of any items, shopping services, or delivery services offered by independent third-party merchants of goods and services via MyBite branded applications or websites (“Merchants”). In some cases, Merchants may use their own delivery staff to offer delivery services via a MyBite branded application or website (“Merchant Delivery”).
PLEASE READ THESE MyBite TERMS CAREFULLY BEFORE ACCESSING OR USING THE MYBITE APP, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MYBITE Inc..
Supplemental terms
Supplemental terms may apply to certain Services, such as policies for a particular event, activity, or promotion, or a particular category of Services. Supplemental terms will be provided to you in connection with the applicable Services.
Any supplemental terms are in addition to, and shall be deemed a part of, the MyBite Inc. Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these MyBite Inc. Terms in the event of a conflict with respect to the applicable Services.
Amendments
MyBite Inc. may amend these MyBite Terms and any supplemental terms or policies related to the Services from time to time. MyBite Inc. will provide you with notice in the event of a material change to any MyBite Terms, policies, or supplemental terms that detrimentally affects your rights under these MyBite Terms, by sending an email, providing notice through the MyBite website or application, or updating the date at the top of these MyBite Terms. Amendments will be effective upon posting of such updated MyBite Terms at this location or the amended supplemental terms or policies on the applicable Services or at this location (as the case may be). Your continued access or use of the Services after such posting constitutes your consent to be bound by the MyBite Terms, policies, and supplemental terms, as amended.
Privacy
Our collection and use of personal information in connection with the Services is as provided in MyBite’s privacy notice located at []. You consent to MyBite potentially providing to an insurance claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute, or conflict, which may include an accident, involving you and a Merchant or other third-party provider, and such information or data is necessary to resolve the complaint, dispute, or conflict.
- The Services
The Services are made available solely for your personal, non-commercial use unless MyBite Inc. has agreed with you otherwise in a separate agreement. You acknowledge that Merchants are solely responsible for the goods and services they provide to you, including the provision of items, delivery services, or shopping services by that Merchant.
Delivery Services/MyBite Services
Once you have been provided access to the MyBite App by MyBite Inc. (in its capacity as licensor of the MyBite branded applications and websites), you may place orders for food, beverages, or other items (“Items”) and request Delivery Services or Shopping Services using the MyBite App.
You may also be able to place orders via the MyBite App provided by MyBite Inc. (in its capacity as licensor of the MyBite branded applications and websites) that require MyBite Services but do not require Delivery Services, such as pickup, dine-in, or Merchant Delivery.
The Services are offered in designated areas as communicated via the MyBite App from time to time (“MyBite Active Area”). MyBite Inc. does not guarantee that the Services will be available in the MyBite Active Area at all times.
If you choose Delivery Services
If you choose Delivery Services, MyBite Inc. will request and arrange for a “Delivery Person” to undertake the Delivery Services and will charge you directly for the Delivery Services. A Delivery Person is not an employee of MyBite Inc. or any of its affiliates and may delegate to another person to provide such delivery services on their behalf. References in these MyBite Terms to “Delivery Person” include (where the context requires) references to a delegate of a Delivery Person.
- General
MyBite Accounts
To use the Services, you must register and maintain an active personal user services account with MyBite (in its capacity as licensor of the MyBite branded applications and websites) (“Account”) (as described in section 3 (‘Your Use of the Services’) of the MyBite Terms). Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services.
User Requirements and Conduct
The Services are not available for use by persons under the age of 18. You may not allow persons under the age of 18 to receive any Services unless permitted by you, and you agree to take full responsibility for the acts or omissions of the persons under the age of 18. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes and in accordance with these MyBite Terms. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to MyBite Inc., a Delivery Person, Shopper, or any other party, including MyBite Inc., its affiliates (including MyBite (in its capacity as licensor of the MyBite branded applications and websites)), or any of their employees, agents, or contractors. You are responsible for providing MyBite Inc. with the correct delivery address and ensuring that the delivery location can be accessed safely, and agree that the Delivery Services or Shopping Services (as applicable) may not be completed if you have provided the incorrect delivery address or the delivery location cannot be safely accessed.
In certain instances, you may be asked to provide proof of age, identity, or other methods of identity verification to pick-up orders or use or accept deliveries made via the Delivery Services or Shopping Services, and you agree that you may be denied use of the Services or may not be able to receive a delivery via the Delivery Services or Shopping Services if you refuse to provide proof of age, identity, or other methods of identity verification.
Promotional Codes
You acknowledge that MyBite Inc. may, in its sole discretion, create promotional codes that may provide discounts or other features or benefits related to the Services (respectively), subject to any additional terms that MyBite Inc. establishes on a per promotional code basis (“MyBite Promo Codes”). You agree that MyBite Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by MyBite Inc. (as applicable); (iii) may, as permitted by law, be disabled by MyBite Inc. (as applicable) at any time without liability to MyBite Inc. (as applicable); (iv) may only be used pursuant to the specific terms that MyBite Inc. (as applicable) establishes for such MyBite Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. MyBite Inc. reserves the right to withhold or deduct discounts or other features or benefits obtained through the use of MyBite Promo Codes by you or any other user in the event that MyBite Inc. reasonably determines or believes that the use or redemption of the MyBite Promo Code was in error, fraudulent, illegal, or in violation of the applicable MyBite Promo Code terms or these MyBite Terms. This section does not apply to promotional codes for services other than the Services. Instead, the MyBite Terms apply to those promotional codes.
- Payment
MyBite Charges
You understand that (i) use of the Delivery Services may result in charges to you for the Delivery Services you receive from MyBite Inc. in accordance with these MyBite Terms; (ii) use of the Shopping Services may result in charges to you for the Shopping Services you receive from MyBite Inc. in accordance with these MyBite Terms; and (iii) use of the MyBite Services provided by MyBite Inc. may result in charges to you from MyBite Inc.. For the purposes of these MyBite Terms, “MyBite Charges” refer to, collectively, the charges from MyBite Inc.. In addition, your use of MyBite will result in charges for the Items and any Merchant Delivery you receive from a Merchant (“Merchant Charges”). Any Merchant Charges are payable in accordance with the MyBite Terms (as “Third Party Charges” under those MyBite Terms).
General Payment Terms
You agree to pay MyBite Inc. the applicable MyBite Charges and are responsible for paying all MyBite Charges incurred under your Account. MyBite Charges are in Canadian Dollars and inclusive of applicable taxes where required by law. MyBite Charges paid by you are final and non-refundable, unless otherwise determined by MyBite Inc. or required by under any applicable consumer laws.
All MyBite Charges are due immediately and payable to MyBite Inc. using the preferred payment method designated in your Account, after which you will be sent a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that MyBite Inc. may use a secondary payment method in your Account, if available.
MyBite Inc. will charge you on the basis of the MyBite Charges communicated to you via the MyBite App before you place your order. MyBite Inc. may, acting reasonably, establish, remove, and/or revise MyBite Charges at any time, including in certain circumstances such as where you change your delivery address or you choose a service that incurs an additional charge. In these cases, MyBite Inc. will let you know about any such changes within a reasonable time, however the specific amount may not be known until after the order has been completed.
MyBite Promo Codes
MyBite Inc. may from time to time provide certain users with MyBite Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, respectively, and you agree that such promotional offers and discounts are provided without consideration from you, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable, and, unless also made available to you, shall have no bearing on your use of the Services or the MyBite Charges applied to you.
Gratuities
You understand and agree that, while you are free to provide gratuities to any Delivery Person or Shopper who provides you with services obtained through the Delivery Services or Shopping Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Delivery Services or Shopping Services, you will have the opportunity to rate your experience and leave additional feedback about the Delivery Person or Shopper, as applicable.
Cancellations and Refunds for Services
If you purchase Items from a Merchant and Services from MyBite Inc., you may cancel your order at any time up until the Merchant has begun preparing your Items or until a Shopper has begun providing Shopping Services (as applicable). Once the preparation has begun, you will no longer be able to cancel your order without incurring a charge, which will be no more than the full price for your ordered Items in accordance with the MyBite Terms. If you cancel your order after the delivery or shopping has begun, you will also be charged the full price for any applicable Services in accordance with these MyBite Terms.
If any Services fail or are canceled for reasons that MyBite Inc. determines, acting reasonably, are attributed to you (for example, you provided an incorrect delivery address), you will be charged no more than the full price for both the Items in accordance with the MyBite Terms and the full price for any Services in accordance with these MyBite Terms.
The terms and conditions that apply to charges for Items or Merchant Delivery provided by a Merchant are set out in the MyBite Terms.
If the Services fail or are canceled for any reason that MyBite Inc. determines, acting reasonably, are not attributed to you, you may be entitled to a refund for any charges paid for that purchase.
If you have other issues with any Services, your sole recourse will be with MyBite Inc., and MyBite Inc. will manage your complaint. MyBite Inc. will provide refunds for MyBite Charges in its sole discretion.
If you have other issues with Items provided by a Merchant, please see sections 6 and 7 (‘Governing Law; Dispute Resolution’) of the MyBite Terms.
This section does not limit your rights under the non-excludable portions of any applicable consumer laws.
- Payment Processing
MyBite utilizes the services of a third-party payment processor, Stripe, to handle all payment transactions for the Services. By using our Services and making payments, you agree to be bound by Stripe’s terms of service and privacy policy, in addition to MyBite’s Terms of Service.
Third-Party Payment Processor: MyBite employs Stripe as the third-party payment processor to securely process all payments made for our Services. When you initiate a payment for an order or any other MyBite service, your payment information, including credit card details, will be securely transmitted to Stripe for processing.
Payment Information: MyBite Inc. does not directly collect, store, or handle your payment information. All payment details, including credit card numbers and other financial data, are handled exclusively by Stripe. We do not have access to or store any sensitive payment information on our servers.
Security: Stripe employs industry-standard security measures to safeguard your payment information and ensure secure payment processing. However, it is important to note that the transmission of data over the internet cannot be guaranteed to be completely secure. While we strive to protect your information, we cannot guarantee the security of any information you transmit to us or through the Services, and you do so at your own risk.
Liability: By using our Services and making payments through Stripe, you acknowledge and agree that Stripe assumes all liability regarding payment processing. MyBite Inc. shall not be liable for any unauthorized access to, or disclosure of, your payment information or any other issues related to the processing of payments by Stripe.
Payment Disputes: In the event of any disputes or issues related to payments, including unauthorized charges or discrepancies, you should contact Stripe directly for resolution. MyBite Inc. shall not be responsible for resolving any payment disputes or chargebacks.
Currency and Taxes: All payment transactions are processed in Canadian Dollars unless otherwise stated. You are solely responsible for any applicable taxes, duties, or fees imposed on your payments, as required by the laws of your jurisdiction.
Changes to Payment Processing: MyBite reserves the right to change or update the payment processing service provider at its sole discretion. In such cases, we will notify you of any changes that may affect your payment process.
By using MyBite and making payments through the Stripe payment processor, you agree to comply with Stripe’s terms of service and privacy policy. It is your responsibility to review and understand these terms, as they govern the processing of your payment information by Stripe.
- DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
LIMITATION SUBJECT TO LOCAL CONSUMER LAW
The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
APPLICATION TO MYBITE Inc. AND ITS AFFILIATES
The limitations and disclaimer in this section 5 apply to the liability of MyBite Inc. and its affiliates under these MyBite Terms, including in relation to any of the Services. Neither MyBite Inc., nor any of its affiliates will be liable under or in connection with these MyBite Terms for any services offered by MyBite or any other third-party providers. However, for any services provided by MyBite, you acknowledge that MyBite will be exclusively liable to you in accordance with the MyBite Terms.
DISCLAIMER
EXCEPT AS REQUIRED BY APPLICABLE CONSUMER GUARANTEES, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MYBITE Inc. AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE MYBITE TERMS (INCLUDING ANY SUPPLEMENTAL TERMS, WHERE APPLICABLE), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS DELIVERED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD DELIVERED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIABILITY
Limitation of Liability
MYBITE Inc. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MYBITE Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MYBITE Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF MYBITE Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MYBITE Inc. SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MYBITE Inc.’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS PROVIDING DELIVERY SERVICES OR SHOPPING SERVICES REQUESTED THROUGH THE MYBITE APP ARE NOT PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL MYBITE Inc.’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT SERVICES (AS APPLICABLE).
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
INDEMNITY
You agree to indemnify and hold MyBite Inc., its affiliates, and their officers, directors, employees, agents, and contractors (including Delivery Persons and Shoppers) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) (“Losses”) arising out of or in connection with: (i) your use of any Services or services or goods obtained through your use of such Services; (ii) your breach or violation of any of these MyBite Terms; or (iii) your violation of the rights of any third party; or (2) your breach or violation of any of these MyBite Terms.
- Governing Law
These MyBite Terms shall be exclusively governed by and construed in accordance with the laws of the state of Florida, United States, without regard to conflict of law principles.
- Dispute Resolution
- Disputes between Users and Restaurants
MyBite acts as an intermediary platform connecting users with restaurants and other third-party providers. We are not responsible for and do not assume any liability for disputes, disagreements, or issues that may arise between users and restaurants. Any interactions, transactions, or agreements made between users and restaurants are solely between the parties involved. You acknowledge and agree that MyBite shall not be held liable for any damages, losses, or claims arising from such disputes.
- Reporting and Mediation
While MyBite is not responsible for resolving disputes between users and restaurants, we are committed to providing a framework for reporting and mediating information related to such issues. If you encounter any problems with a restaurant or have concerns about their services, please report the matter to our customer support team. We will make reasonable efforts to facilitate communication and provide assistance in reaching a resolution between the parties involved.
- Disputes with MyBite Inc.
If you have any dispute or claim arising from or relating to your use of the MyBite platform or these MyBite Terms, you agree to resolve such dispute exclusively through arbitration in the city of Miami, Florida, United States. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) by a single arbitrator appointed in accordance with those rules. The arbitrator’s decision shall be final and binding. You waive any right to bring a class action or other representative action in any forum.
- Exceptions
Notwithstanding the above, you may pursue a claim in a small claims court located in Miami, Florida, if your claim qualifies for such a proceeding. In addition, nothing in this clause shall prevent you or MyBite Inc. from seeking injunctive relief in a court of competent jurisdiction.
By using MyBite, you agree to the above dispute resolution and arbitration provisions. These provisions constitute a binding agreement between you and MyBite Inc. and supersede any prior agreements or understandings related to dispute resolution.