Terms of Use

The Terms of Use below come into effect on April 26, 2024. You can access our previous terms here.

Effective April 26, 2024

WELCOME!‍

Thank you for choosing Flashfood! Flashfood (we, us, our, Flashfood) is a technology platform that connects you, the Shopper, to the surplus food products of hundreds of food retailers. Our mission is to reduce food waste by providing you with access to affordable, high quality surplus food.These Terms of Use (Terms) govern your use of Flashfood’s services, which include any information, programs, software, features and functionality whether via our website at https://flashfood.com (the Website) or our mobile device application for iOS and Android (the App) (collectively, the Services). Though we’ve tried hard to make our Terms as clear and simple as possible, you should know that they still form a legally-binding contract between you and Flashfood Inc.. By using our Services, or by clicking to accept or agree to these Terms when this option is made available to you, you agree to be legally bound by these Terms, and you acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy https://flashfood.com/privacy.If you have any questions while you’re going through these Terms, please submit a support ticket.

By using our Services, you acknowledge that you have read these Terms, that you agree with them, and that you have the capacity to enter into a binding contract with us. We especially highlight that by using our Services, you are agreeing to:

The method by which you subscribed for our Services (see: “Accessing our Services” at section 2);
Rules concerning what content and information you can bring to our Services (see: “Using our Services Properly”at section 5); and
Flashfood obtaining certain rights to use content related to our Services to improve our Services (see: “Rights in our Services” at section 6).

On certain pages of our Website, we might ask you to agree to additional terms (the Additional Terms). If any Additional Terms conflict with these Terms, the Additional Terms will prevail.We reserve the right to modify or otherwise update these Terms at any time by posting the modified version on our Website and App and revising the effective date. If you continue to use our Services after these Terms have changed or notice of the change has been given, you will be deemed to have accepted such changes.

1 Privacy

Your privacy is extremely important to us! These Terms include our privacy policy (the Privacy Policy) found at https://flashfood.com/privacy, which outlines how we handle your information. You should read our Privacy Policy carefully before using our Services because by using our Services, you agree that we can collect, use, and share your information (but only in ways consistent with the Privacy Policy). We also want you to know that if these Terms conflict in any way with the Privacy Policy, then these Terms will prevail.

2 Accessing our Services

Your Account

You need an account on our App to access our Services. Using our Services requires data network access. You are solely responsible for all fees charged by your wireless service carrier related to your use of the Services (e.g., data usage fees). You shall also be responsible for acquiring and updating the equipment necessary to access our Services.

Only those who are 18 years of age or older and who reside in the United States or Canada. are allowed to use or access our Services or to create an account. If you are not legally an adult based on your local laws, you need to get a parent or guardian to agree to these Terms on your behalf.

We try to make our Services as accessible as possible, but we know that there is always room for improvement! If you have any trouble accessing our Services, please submit a support ticket. Although we will attempt to make our app compatible with most smartphones, it is your responsibility to ensure you have the right hardware/equipment to use the app.

Security

You are solely responsible for the security, maintenance, and all other aspects of your Flashfood account. By using our Services you agree that the account information you provide us with is accurate. We suggest that you take precautions to safeguard your account, including selecting a strong password. By using our Services, you also agree not to do the following with respect to your account:

share your password or account or buy, sell, rent, or lease your username or account;
access or attempt to access your account using a proxy, client, or third party app; or
create multiple accounts or a new account after your original account has been banned or disabled by Flashfood.

While you are free to choose any username that complies with these Terms, be aware that we can reclaim your username at our discretion.Any issues with account access or security can be addressed by submitting a support ticket. Please contact our support team right away if you know or have reason to believe that your account has been accessed without your permission.

It’s really important that the email address associated with your Flashfood account is accurate and up-to-date. It will be the main way for us to communicate with you and work around account issues. Stay safe out there, the internet world is a scary place.

3 Partners

Our Services include a technology platform that presents you with a set of one or more retailers, and select stores that are operated by these retailers (our Partners), and allows users of our Website and App (you, the Shopper) to browse and search on a by-store basis for surplus food products. The physical handling of the goods available for sale through our App is done by our Partners or other third-party contractors. You acknowledge that Flashfood does not supervise, direct, or control the performance of the services provided by Partners or such third-party contractors. Partners and such third-party contractors are not affiliates, employees, or agents of Flashfood, but rather, are independent organizations offering their goods and services to you through our Services.‍

Flashfood does not, in any way, manufacture, sell, store, prepare, produce, process, package, advertise, promote, deliver or handle any food products. All food products shown on the Website or App are sold by Partner to you. Flashfood is solely facilitating the transaction between you and the Partner and has no responsibilities regarding the food products or the fulfillment of any contract between you and the Partner. Any information about food products (including any product images, pricing, savings, or information relating to product storage, expiry or best before dates, allergen or safety statements) are made by the Partner and not Flashfood. There may be instances where the Website or App is not updated or where the actual product range, price, description, stocked items, etc. are not as stated on the Website or App. In these cases, Flashfood does not have any responsibility and it is the responsibility of the Partner store to ensure that information is accurate, not misleading, up to date, and compliant with all applicable laws (including relating to product sales and disclosures).

Flashfood endeavors to select Partners that: 1) believe in the core value of reducing food waste; 2) are reputable businesses, are accredited if required, and are in good standing with the applicable governing authorities; and 3) meet health and safety standards as per applicable food safety laws, regulations, and codes.You acknowledge that Flashfood has no duty to verify any stated credentials, experience or qualifications of any Partner. If you wish to file a complaint regarding any Partner, please submit a support ticket.

We take great pride in selecting Partners that are at the top of their game! Nevertheless, we cannot guarantee the quality of their products and services. If you have had a negative experience with one of our Partners, please let us know and we will work to resolve any issues.

4 Payment Terms

Flashfood’s Services are provided to you to facilitate your purchase of food products from Partners. Shoppers are able to use our App to browse Partners’ products available for purchase and your payments for purchased products are made through our App. Flashfood may charge you a service fee for the convenience of placing orders through our App. This fee is not a surcharge and is not being charged based on any method of payment.

Unless otherwise stated, all prices and other amounts are in the currency of the jurisdiction where the Partner store you order from is located. A credit or debit card is required for all orders made through the App. You authorize Flashfood to charge the credit or debit card (or other payment method accepted by Flashfood on the App) provided by you for all purchases made through the App through your account, plus applicable taxes and fees. You will be asked to provide at least one valid payment method when registering a Flashfood account and to designate a preferred payment method. We encourage you to keep the payment information you provide us with up-to-date. If you do not do so, you authorize us to continue using the provided payment information to bill for our Services until we receive notice that it is no longer valid.

Please read section 9 below, entitled “Ending or Changing our Services” for details on cancellation of Services and charges.

Prices for the food products are those set out at the time of purchase; no refund will be granted if the prices change after the moment of the transaction.

To the extent you are granted any credits or rewards, the use of such credits or rewards is limited to our Services and may be subject to additional terms and conditions.

We use third party processors (such as Stripe) to process payments made through our Services. The third parties collect the data and personal information you submit when a payment is made. By submitting personal information to a third-party processor, you consent to such collection and storage. The third-party processors may be located in countries other than Canada, such as the United States. Please review section 7 below, entitled “Rights of Third parties” for additional information on the relationship of third parties to our Services.

You may be charged local sales tax or VAT, if applicable.

SNAP/EBT

Eligible items from select US stores can be paid for using SNAP/EBT cash on Flashfood.

Upon entry of the correct PIN, we assume the person entering the PIN is authorized to make SNAP and/or EBT Cash purchases with the card used for SNAP or EBT Cash payment on the Flashfood app.

Only one EBT card may be associated with your account number pursuant to United States Department of Agriculture (USDA), Food and Nutrition Service, Supplemental Nutrition Assistance Program (SNAP) regulations.SNAP benefits may not be used to pay for any items or charges that are non-SNAP eligible.

You may purchase SNAP eligible items with your EBT card. SNAP eligible items are determined by the USDA. For complete details on what are eligible items using SNAP funds, go to .

EBT Cash (TANF) provides supplemental income for qualifying households. It gives families a certain amount of extra money for necessities other than food. Please consult your state's EBT guidelines on what may be purchased using EBT Cash.

Customers who use EBT as a form of payment may choose to allocate how much in funds to apply across SNAP, EBT Cash and other payment types. The maximum amount applied to SNAP is limited to the SNAP-eligible total amount of the order, or the account holder’s balance, whichever is the lowest.

A credit or debit card must be linked to your Flashfood account to cover fees, taxes, and any other non-EBT eligible items you wish to purchase.‍

Refund Policy

Refunds are available on a case by case basis for payments processed through our services. However, Flashfood will review requests for refunds on a case-by-case basis. If you are at any time dissatisfied with a product purchased through our Services, please contact [email protected].

5 Using our Services Properly

We want to make sure that our Services provide a respectful environment for all of our users. That is why in order to use our Services, you must agree:

that our Services are for your personal use only and that you will not use our Services for commercial purposes;
that you are solely responsible for the safety of your passwords and content, including backing up your content;
not to use our Services for any purpose that is illegal or prohibited in these Terms;
not to sell, make available, publish, or deep-link any aspect of our Services;
not to create derivative works from or exploit our Services or the content provided by our Services in any way;
not to upload or distribute any viruses, worms, other malicious code, any software intended to damage or alter a computer system or data, or in any way compromise the security of our Services;
not to use robots, spiders, crawlers, scrapers or the like to obtain user information from our Services;
not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, or transfer any aspect of our Services;
not to mine passwords or otherwise attempt to gain unauthorized access to our Services, servers, or networks connected to our Services;
not to perform any action that interferes with the performance of our Services, its network, or its servers, such as a denial of service attack;
not to make use of designs, logos, branding, photographs, videos, or any other materials used in our Services without our written consent;
not to represent or suggest that we endorse any other business, product, or service; and
not to perform any other action that Flashfood deems to interfere with other users’ use and enjoyment of our Services.

It’s really important to us that you only use our Services for their intended manner - there’s no room for creativity here. Please be considerate and don’t do any of the things listed above.

6 Rights in our Services

Your Rights‍

Agreeing to these Terms grants you a license to use and access our Services. You agree to only use your license in a way that complies with these Terms. Your license is personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable and non-sublicensable.‍

Our Rights‍

When you register an account with us, you can agree that we may send you certain communications in connection with the Website or the App. For example, you can agree to receive updates and notifications from us regarding your account by email, phone call, or via the App.

While we appreciate any feedback you have for us, you should know that you are not entitled to compensation for any ideas you provide us. We may immediately, without notice, terminate this Agreement and/or stop providing access to the Flashfood platform if (i) you have materially breached your obligations under these Terms, the payments terms, our policies or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) we believe in good faith that such action is reasonably necessary to protect the property of Flashfood, its shoppers or partners, or third parties (for example in the case of fraudulent behavior and/or disputing credit charges without cause and without first contacting Flashfood to attempt to resolve the issue).

Flashfood reserves all rights not expressly granted to you in these Terms.

We are just like you, outside of Flashfood we probably use the same services and apps, so we understand what it feels like to be bombarded with constant emails and notifications. In this section, we’re letting you know that we will be sending you some communication from time to time regarding the service…some will be informative, others could include ways to save more money!

Also, while we appreciate all the feedback and ideas, we cannot compensate you for it. However, we do leave you with that amazing feeling of knowing your genius idea helped make a wonderful app even better… that’s priceless.

7 Rights of Third Parties

While the majority of our Services are developed and owned by us, some of it will belong to or will be provided by other companies, groups, or agencies (the Third Parties). Third Parties and the services they provide will be subject to their own set of terms, which might be very different from these ones, so make sure you read them before using any Third-Party services, features, products, or functionality. Flashfood does not take responsibility or liability, directly or indirectly, for the Third-Party services or terms, nor are we responsible or liable, directly or indirectly, for any Third Party content that fails to conform to these Terms or our other policies or any damage or loss which is caused or alleged to have been caused in connection with the Third Party’s services. Some of the content on our Services is made available by publishers, users, and other Third Parties.

These Terms do not create or confer any third-party beneficiary rights.

Similar to any company out there, we rely on the network services to get things done and deliver an awesome product. Although we aim to partner with companies with similar values, we cannot guarantee everything… and so we caution you to review any third-party terms prior to continuing… we cannot guarantee their terms are as fun and reader friendly as ours.

8 Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Flashfood, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only.

We respect the intellectual property rights of others, and we expect you to do the same. Copyright owners may contact us to request the removal of any infringing content. In certain circumstances, we may terminate users of our Services who infringe the copyright(s), or other intellectual property rights, of others. If you believe that any material that can be accessed via our Services infringes a copyright that you own or control, please let us know by submitting a support ticket.

Please be considerate to other people’s intellectual property… a lot of the stuff we use today and interact with took several hours to craft and prepare. You would feel the same if someone claimed and benefited from that wonderful screenplay you’re writing every day at your corner coffee shop.

9 Ending or Changing our Services

You may notice that parts of our Services change over time. This is all part of our pledge to deliver the best service to our users. To make that happen, we may update, change, remove, replace, stop or suspend our Services or any part of our Services at any time, without notice.

If you are unhappy with our Services, or decide that you no longer want to be bound by these Terms, you can terminate your Agreement with us by cancelling your Flashfood account by submitting a support ticket.

We can also terminate the Agreement for a number of reasons, like if we decide that you have breached these Terms or if your account has been inactive for a prolonged period of time. Any outstanding balance on your Flashfood account becomes immediately due and payable upon termination of the Agreement for any reason and any remaining credits you may have on your account will expire upon termination.

Even after this Agreement is terminated, you and Flashfood will both still be bound by sections 7, 8, and 10-20 of these Terms. Additionally, we accept no liability relating to the termination of this Agreement, the termination of your account, or any content that may be deleted along with your account. If we need to contact you about these Terms, you: (i) agree to receive electronic messages from us; and (ii) agree that all terms and conditions, notices, disclosures, agreements, and other messages we send you electronically satisfy all legal requirements as if they were in writing.

We are a growing company! As we evolve, we will need the flexibility to change our Services. This may result in a disruption, but don’t worry, we will do our best to make any changes as seamlessly as possible. Also please remember that if at any time you feel that this is no longer a good fit then feel free to terminate your account with us. We would be sad to see you go and would appreciate a quick note as to why you chose to leave our by submitting a support ticket.

10 Limitation of liability

(This provision may not apply to you if you are a consumer residing in Quebec) TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLASHFOOD AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (AND INCLUDING TO ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO INTELLECTUAL PROPERTY RIGHTS OR THIRD PARTY RIGHTS INFRINGEMENT, PROPERTY DAMAGE, IDENTITY THEFT, LOSS OF PRIVACY, LOSS OF DATA, LOSS OF PROPERTY, LOSS OF GOODWILL, LOSS OF PROFITS, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOU USE, MISUSE, OR RELIANCE UPON OUR SERVICES, OR YOUR INABILITY TO USE OUR SERVICES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF FLASHFOOD KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF FLASHFOOD AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE, MISUSE, INABILITY TO USE, OR RELIANCE ON OUR SERVICES OR ANY CONTENT THEREIN EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CDN).

FLASHFOOD IS ONLY RESPONSIBLE FOR THE SECURITY OF THE COMPUTER SYSTEMS IT OWNS AND OPERATES. FLASHFOOD IS NOT LIABLE FOR YOUR INFORMATION STORED OR RECORDED BY ANY COMPUTER, TABLET, MOBILE DEVICE OR ANY NETWORK, WHETHER PUBLIC OR PRIVATE, THAT YOU MAY USE TO ACCESS OR MAKE USE OF OUR SERVICES.TO THE FULLEST EXTENT PERMITTED BY LAW, FLASHFOOD AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY COSTS, EXPENSES, LOSS OR DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, AND WHETHER ECONOMIC OR OTHER) ARISING OUT OF OR IN CONNECTION WITH A PARTNER’S SUPPLY OF FOOD UNDER THIS AGREEMENT (INCLUDING WITHOUT LIMITATION, FOOD QUALITY, FOOD CLAIMS AND REPRESENTATIONS, AND FOOD REGULATORY ISSUES).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS DESCRIBED ABOVE. THUS, PORTIONS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11 Disclaimers

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT OUR SERVICES WILL BE SUITABLE FOR EVERY PERSON IN EVERY CASE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER ANY INFORMATION YOU RECEIVE AS PART OF THE SERVICE IS APPLICABLE FOR ANY PARTICULAR PURPOSE.

WE HAVE MADE ALL REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION ON THIS WEBSITE AND APP. HOWEVER, WE CANNOT AND DO NOT GUARANTEE, REPRESENT, OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDATION, STABILITY AND AVAILABILITY OF OUR SERVICES (INCLUDING ANY TEXT, GRAPHICS, MATERIALS, LINKS, EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN OUR SERVICES). ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. OUR SERVICES AND CONTENT THEREIN ARE PROVIDED ON AN "AS IS" BASIS. NOTHING IN OUR SERVICES CONSTITUTES ADVICE, NOR SHOULD OUR SERVICES, OR ANY PART THEREOF, BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING, ANY DECISION.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT OUR SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.

(This paragraph may not apply to you if you are a consumer residing in Quebec) USE OF OUR SERVICES IS SOLELY AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF OUR SERVICES OR THE CONTENT THEREIN, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.

12 Indemnity

You agree to indemnify, defend, and hold harmless Flashfood, our directors, officers, employees, suppliers, affiliates, agents, and their respective successors and assigns against any and all complaints, losses, damages, suits, charges, claims, costs, liabilities, and expenses, including, legal fees and disbursements, resulting from, arising from, or relating to, directly or indirectly: (1) your use of, misuse of, reliance upon, or access to, our Services; or (2) your breach of these Terms. Flashfood reserves the right, if it so chooses, to assume the exclusive defense and control of any matter that you are required to indemnify at your expense. You agree to cooperate with our defense of any such claim, including foregoing acceptance of any offers to settle and refraining from making any such offers without the consent of Flashfood. We will make a reasonable effort to notify you of any claim that is captured by this section.

13 Governing law

(This paragraph may not apply to you if you are a consumer residing in Quebec) To the extent permitted by applicable law, these Terms will be governed by and construed under the laws of Ontario, Canada for residents of Canada (except Quebec) and the laws of the State of Delaware for residents of the United States, excluding any body of law governing conflicts of laws. If any provisions of the Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are consistent. If a lawsuit or court proceeding is permitted under the Terms, then the parties agree to submit to the federal or state courts of (i) Toronto, Ontario, Canada for Canadian residents, and (ii) Wilmington, Delaware for residents of the United States, for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of the Terms. You irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law.You agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to this Agreement.

14 Dispute Resolution and Arbitration

You and Flashfood agree that every dispute arising out of or in connection with these Terms or your use of the Services will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Terms or your use of the Serfices whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND FLASHFOOD ARE EACH WAIVING THE RIGHT TO A TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Despite the provisions directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the rights of either You or Flashfood to (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action if available; (iii) seek injunctive relief in a court of law; or (iv) to file a suit in a court of law to address an intellectual property infringement claim.

All disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered, if you are a resident of the United States, by the American Arbitration Association (https://www.adr.org), or if you are a resident of Canada, by JAMS (https://www.jamsadr.com) or the International Centre for Dispute Resolution Canada (https://www.icdr.org/). The Federal Arbitration Act, 9 U.S.C. §§1-16, fully applies to arbitration that takes place in the United States. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail or overnight carrier (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (Notice). Flashfood’s address for Notice is Flashfood Inc., 400-80 Atlantic Ave., Toronto, ON M6K 1X9, Attention: Legal Department. The Notice must: (i) describe the nature of the basis of the claim or dispute; and (ii) set forth the specific relief sought. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Flashfood may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Flashfood must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbtiration in your favor, Flashfood will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Flashfood in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.

YOU AND FLASHFOOD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Flashfood agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this paragraph is found to be unenforceable, or if the entirety of this Section 14 is found to be unenforceable, then the entirety of this Section 14 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 13 will govern any action arising out of or related to these Terms.

If we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice to our address for Notice within 30 days of the change, in which case your account with Flashfood will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

You agree that any cause of action arising out of or related to the Services must be commenced by you within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.

15 Geographic restriction

Flashfood is based in Canada. We provide our Services use only by persons located in the United States and Canada. We make no claims that the Website or App, or any of their content is accessible or appropriate outside of the United States or Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

16 Severability

The validity and enforceability of these Terms as a whole will not be affected by any part of these Terms being found unenforceable or invalid. If such a situation arises, the invalid or unenforceable part will be severed from these Terms.

17 Non-assignment

These Terms are not assignable, transferable, or to be sub-licensed by you except with Flashfood’s prior written consent. Flashfood may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

18 California Residents

Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at 916-445-1245 or 800-952-5210.

19 Miscellaneous

Flashfood’s decision not to enforce a provision in these Terms will not constitute a waiver of that term. Throughout these Terms, the word “including” will mean “including without limitation”.

20 Rewards program

1. Overview

The Flashfood Rewards Program (Rewards Program) offers you the opportunity to earn rewards (Credits) through:

i) referrals (Flashfood Referral Program)

ii) install promotional codes (Install Credits)

iii) promotional codes and offers (Promotional Codes and Offers)

Your participation in the Rewards Program can earn you Credits to use towards products. The Rewards Program is offered at our sole discretion. We reserve the right to terminate the Program at any time for any reason. The Program is administered by Flashfood.‍

These Terms apply to a user's participation in the Program. By participating in the Program, you agree to use the Program as outlined herein, and consistent with any other terms we may apply to the Program. If you do not agree to these Terms in their entirety, then you cannot register and participate in the Program. Users also cannot where in so doing, they would violate any applicable law or regulations.‍

2. Eligibility

i) Membership in the Rewards Program is free and, provided you are eligible, enrollment occurs automatically (a) when we accept your request to create a Flashfood Account, if you create a Flashfood Account after the initial version of these Rewards Terms comes into effect, or (b) when these Rewards Terms come into effect or otherwise become binding on you, if you already have a Flashfood Account at that time.

ii) To be eligible for membership in the Rewards Program, you must: (a) be eligible for a Flashfood Account in accordance with the Terms of Service, (b) hold, or have submitted a request to create, a Flashfood Account; (c) possess the legal authority to agree to the Rewards Terms; and (d) reside in a jurisdiction which legally permits participation in the Rewards Program in accordance with these Rewards Terms.

iii) Flashfood will use your personal information to administer the Rewards Program. By enrolling in the Rewards Program, you consent to the collection, use, and disclosure of your personal data by Flashfood, in accordance with our Privacy Policy, our Terms of Service, and other documents that form part of your agreement with us. Without limiting the generality of the Privacy Policy, the personal information that we use to administer the Rewards Program may include: (a) your name, phone number, and email address, to administer your account; and (b) additional, optional personal information that we may request from time to time and which you may choose to provide, such as location and birth date, to determine your eligibility for offers, Credits, rewards, and other benefits under the Rewards Program. We will also use your order history together with the aforementioned information to permit us to determine your eligibility for offers, Credits, rewards, and other benefits under the Rewards Program.

iv) Credits are uniquely associated with a single Flashfood Account.

v) We reserve the right at any time to restrict access to or use of the Rewards Program (a) to individuals for their personal use only, and (b) to one account per person. Additionally, employees, agents, and representatives of Flashfood or its affiliates may from time to time be excluded from certain benefits of the Rewards Program.

3. How it Works‍

There are several ways to earn Credits, as set out below:

i) Referral Program: To participate and refer someone (you as the Referrer), you will be eligible once you have created your Flashfood account.

a) To refer, follow the on-screen Shopper App instructions to start referring. You will be provided a personal link (Personal Link) or alphanumeric code assigned to you (Referral Code) which you can share with your friends, family, and colleagues (Referred Customer) that allows Referred Customers to receive credits upon meeting conditions.
b) If a Referred Customer uses your Personal Link or Referral Code and signs up and makes an eligible order of the minimum threshold defined by Flashfood or more before tax, you will receive Credits of local currency, and the Referred Customer will receive Credits of local currency, to use for designated Flashfood products. The amounts are specified within the Shopper App. Each Referrer will be able to check his/her/their status by logging in to his/her/their account. Personal Links or Referral Codes will be issued only to individuals.
c) You will earn Credits in the amount we determine from time to time once your Referred Customer has completed an eligible order on the Flashfood App (Eligible Order). Criteria for Eligible Orders is determined in our sole discretion from time to time. Referral Credit will be applied automatically against your item subtotal on your next Flashfood order, up to and including the item subtotal. If any Credit happens to remain after being applied to the order, that Credit will remain on your account. Referral Credits are subject to expiration and must be used within the timeframe, if stated, or otherwise determined by us from time to time. The amount of Referral Credits earned and redeemed are subject to change at any time at Flashfood’s sole discretion.
d) An individual must use their Personal Link or codes to participate in the program but no purchase is required. Referrers must respect the spirit of the Program by not engaging in spamming or other unfair or otherwise problematic practices, including creating fake accounts or harassing potential referral sources.
e) There is a limit of 1000 unique Credits per calendar year that a Referrer may receive, and Credits may only be used for designated Flashfood products and services and may never be redeemed for cash.
f) The Referral Code may only be used for personal and non-commercial purposes. An individual must use their Personal Link or Referral Code to participate in the program, but no purchase is required. You may share your code with your personal connections via social media, email, or word of mouth, where you are the primary content owner. Referrers must respect the spirit of the Program by not engaging in spamming or other unfair or otherwise problematic practices, including creating fake accounts or harassing potential referral sources.

ii) Install Credits: The following terms and conditions will apply to all codes issued for free from time to time for promotional, advertising, or marketing purposes for use on orders on Flashfood.

a) A shopper may receive a 1-time install credit through a promo code or referral code. After entering the code, a credit will be applied after you make an eligible purchase that meets the threshold defined by Flashfood.
b) The Install Credits may be offered to some, but not all Shoppers, depending upon your Credit status, your geographic location, or for other reasons.

iii) Promotional Codes and Offers: The following terms and conditions will apply to all codes issued for free from time to time for promotional, advertising, or marketing purposes for use on orders on Flashfood.

a) From time to time, Flashfood may, in its sole discretion, award Credits to Shoppers through special promotions that may be offered on a limited-time basis (“Promotional Offers”). This can be sent through the app and automatically applied, and/or provided through a promotional code a shopper must enter in through the Shopper App. These Promotional Offers may have a specific dollar amount, may provide a percentage-based discount, or may have other effects (such as making a charitable donation). These Promotional Offerings may have a threshold a shopper must meet before being awarded the Credits.
b)These Promotional Offers may be offered to some, but not all Shoppers, depending upon your Credit status, your geographic location, or for other reasons. Such Promotional Offers are for a limited time and will give Shoppers (and in some cases, Referred Customers) additional perks and rewards. Promotional Offers will be subject to these Terms of Use as well as such additional terms as may be communicated at the time of the Promotional Offers. For clarity, Flashfood has no obligation to provide Promotional Offers.
c) The right to use a Promotional Offering is personal to the original recipient and may not be transferred. No Promotional Code may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission.
d) Promotional Offerings may not be used in conjunction with other Promotional Offerings or any other discounts or promotions provided or advertised from time to time unless otherwise stated.

4. Conditions for Receiving Credit‍

Credit will be awarded for Qualified Referrals who meet the following conditions:

a) The Referred Customer must use the personal link or code from a Referrer in good standing with Flashfood.

b) If a Referred Customer receives more than one Personal Link or code, Flashfood will provide the Credit to the person whose Personal Link or code is used to complete the Flashfood registration process regardless of when the Personal Links or codes were sent. If a Referred Customer registers for the Upgraded Service using any other method, the registration will not count as a Qualified Referral and Referrer will not earn Credit;

c) Shoppers may not combine the link or code with any other monetary offer.

d) Shoppers must be eligible to create a Flashfood account and otherwise be qualified.

Violate the intellectual property rights of Flashfood
Spam or otherwise create bulk distributions of the Personal Link or the Personal Bonus Link that is inappropriate
Collect or attempting to collect personal data about users or potential Referred Customers
Engage in any actions that are designed to disrupt or undermine the Program
Make attempts to gain unauthorized access to the software or the Program for any reason
Transmit files that contain bots, viruses, worms, Trojan horses, or any other file that could contaminate or otherwise destroy Flashfood intellectual property or stop the function of the Flashfood services
Engage in illegal or unsportsmanlike activities
Engage in behavior designed to annoy or harass others
Engage in actions that disparage or malign or call into question the reputation of Flashfood, in Flashfood’s sole discretion

5. Inappropriate Behavior‍

The Flashfood Entities may prohibit anyone from participating in the Program or receiving a credit if they determine such Shopper is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Flashfood Shoppers (whether or not enrolled in the Program), or representatives of Flashfood Entities. Use of any automated system to participate is strictly prohibited, and if discovered, and will result in disqualification. Flashfood reserves the right to disqualify anyone, cancel Credits, disable or suspect an account, and contact legal authorities (including law enforcement), if it should discover a shopper is tampering with the entry or referral process or the operation of the Program or violating these Terms. Referrals generated by a script, macro or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.‍‍

6. Privacy‍

Participation in the Rewards Program may require a Shopper, or Referred Customer and/or a Referrer to submit personal information about themselves. The personal information will be collected, processed and used in accordance with Flashfood's Privacy Policy which can be found at http://www.flashfood.com/en/privacy. In addition, personal information may be used by Flashfood on Flashfood's behalf, to contact Shoppers with regards to participation in the Program and to receive communications from Flashfood or third party administrators of the Program.‍‍

Reservations of Rights‍

We reserve the right to modify or amend at any time these Terms and the methods through which Credit are earned, how the Rewards Program works, or how the Referral program works. We reserve the right to disqualify any Shopper at any time from participation in the Program if he/she does not comply with any of these Terms. Flashfood Entities' failure to enforce any term of these Terms shall not constitute a waiver of that provision.‍

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION‍

THE CONTENT, INFORMATION, LINKS AND FUNCTIONALITY OF THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. WITHOUT IN ANY WAY LIMITING THE PRIOR SENTENCE, FLASHFOOD DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT (I) THE CONTENT AND INFORMATION OF THIS WEBSITE IS ACCURATE, SECURE, COMPLETE OR OTHERWISE FREE FROM ERRORS AND OMISSIONS, OR (II) THE LINKS AND OTHER ASPECTS OF THE WEBSITE ARE FUNCTIONAL.

7. How Credits Work

Credits are subject to verification and will generally be awarded within 60 days of verification. Flashfood Entities may withhold a Credit if it reasonably believes additional verification is required. Flashfood may also withhold or invalidate any potential it deems fraudulent, suspect, or in violation of these Terms. If Flashfood, in its sole discretion, believes awarding a credit or verifying and approving a transaction will impose liability on Flashfood, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents, Flashfood has the right to withhold or invalidate any credits.‍

All Flashfood Entities' decisions are final and binding, except where prohibited, including decisions as to whether a Qualified Referral, Promotional Offering, or Credit is valid, when and if to terminate the Rewards Program, and whether, if at all, to change the program. Any changes to the Rewards Program may be sent via email to registered shoppers and, except where prohibited, will become effective as of the date the email is sent. If a Referrer has referrals pending qualification at the time that updates are sent, those pending referrals shall be validated and Credits given under the terms that were valid at the time.‍

8. Use of Credits‍

Credits may only be used for qualified Flashfood products and services, which can change at any time. They may not be traded and have no monetary value, and may not be redeemed for cash, or traded. Credits are not transferable, salable, or auctionable. If the Rewards Program is terminated by Flashfood, Shoppers will have 1 month to use any Credits before they are forfeited. If a Shopper’s account is cancelled for any reason, unredeemed Credits are forfeited immediately. If Shopper’s account is suspended for any reason, only upon resumption of account privileges will they be able to continue using credits on file.‍

9. Referrer's Code of Conduct‍

Referrer's agree that they will not violate any of these Terms, or otherwise engage in activity that could be considered harassment toward other users. Users agree not to use the Program to:

Violate the intellectual property rights of Flashfood
Spam or otherwise create bulk distributions of the Personal Link or the Personal Bonus Link that is inappropriate
Collect or attempting to collect personal data about users or potential Referred Customers
Engage in any actions that are designed to disrupt or undermine the Program
Make attempts to gain unauthorized access to the software or the Program for any reasonTransmit files that contain bots, viruses, worms, Trojan horses, or any other file that could contaminate or otherwise destroy Flashfood intellectual property or stop the function of the Flashfood services
Engage in illegal or unsportsmanlike activities
Engage in behavior designed to annoy or harass others
Engage in actions that disparage or malign or call into question the reputation of Flashfood, in Flashfood’s sole discretion

21 Entire Agreement

These Terms constitute the final, exclusive, and entire agreement between you and Flashfood. Any prior agreement you may have had with Flashfood is superseded by these Terms.‍

Flashfood welcomes comments, questions, or suggestions. Please submit a support ticket.

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