Terms of Service

Who you are dealing with

TakeOut is operated by Loisirs Digne DOOH Inc. ("we", "us"), incorporated in Canada and based in Québec.

• Mailing address: [MAILING ADDRESS — street, city, province, postal code]
• Customer service: [SUPPORT EMAIL]

By creating an account or placing an order you accept these terms. If you do not accept them, do not use TakeOut.

What TakeOut is — and what it is not

TakeOut is an ordering platform for pickup orders. You browse participating restaurants, place an order, pay, and collect the food yourself from the restaurant.

We do not deliver, and we do not cook. We are not a restaurant and we are not a food business.

The restaurant is the seller. Each restaurant sets its own menu, its own prices, its own hours, and prepares your food. Your contract for the food itself is with that restaurant. Our contract with you is for the ordering service: taking your order, taking payment, telling the restaurant, and keeping you informed.

That distinction is not a way of avoiding responsibility, and it does not remove your rights under Québec's Consumer Protection Act. It matters because it decides who you deal with about what — see When something goes wrong.

Your account

You need an account to order. You must be at least 14 years old, give accurate information, and keep your password to yourself.

Tell us at [SUPPORT EMAIL] if you think someone else has your account. You are responsible for orders placed from your account until you tell us.

You can close your account at any time from your profile. We keep what tax law requires us to keep — see the Privacy Policy.

Prices, taxes and currency

All prices and charges are in Canadian dollars (CAD).

The restaurant sets menu prices. The price you are shown before you pay is the price you pay: item prices, applicable Québec sales taxes (GST 5% and QST 9.975%), your tip if you add one, and any platform fee, all itemised.

We calculate the total on our servers from the restaurant's own menu prices. We do not accept a total sent by your phone or browser. If a price on the menu changed between your last look and your order, the total you are shown at checkout is the one that applies.

Tips are optional, go to the restaurant, and default to nothing. We will never add one for you.

How you pay

Payment is processed by Stripe, Inc. Your card details go directly to Stripe; we never see or store your full card number. Stripe is PCI DSS Level 1 certified. Card data travels only over encrypted connections, and our servers hold nothing more than a Stripe token and the last four digits when you choose to save a card.

The restaurant is the merchant of record. We take a fee from the restaurant for the ordering service; the payment itself is between you and the restaurant, processed through Stripe.

On your card statement you will see the restaurant's name, not ours — because the restaurant is who you bought from. Some statements append "TAKEOUT" so you can recognise where the order came from.

When you place the order we place a hold on your card. Money is taken only when the restaurant accepts. If the restaurant declines, or does not answer in time, the hold is released and you are never charged — a hold can take a few business days to disappear from your statement, which is your bank's timing and not ours.

Some restaurants offer paying at the counter. If you choose that, no hold is placed and you pay in person.

Pickup: when your food will be ready

After the restaurant accepts, you will be told an estimated ready time — typically 20 to 45 minutes, longer at busy times and for large orders. You are told when it is actually ready.

Estimates are estimates. A kitchen is not a scheduler, and we would rather tell you that than pretend a number is a promise.

Collect within one hour of being told your order is ready. After that the restaurant may dispose of it for food safety reasons, and it may not be refundable. If you are running late, call the restaurant — its number is on your order.

Bring your order code. Staff will ask for it before handing over your food.

Cancelling an order

• Before the restaurant accepts — cancel from your order screen. Nothing is charged and the hold is released.
• After the restaurant accepts — the food may already be cooking. Call the restaurant. If it has not started, it will usually cancel and refund; if it has, it may not.
• Once your order is marked ready — it is made and it is yours. Cancellation is at the restaurant's discretion.

We cancel automatically if the restaurant does not respond in time, or if payment does not complete within the payment window. You are told either way, and you are not charged.

Refunds

Ask us first, at [SUPPORT EMAIL], and give us your order number. Do not start with your bank — a chargeback takes weeks and we can usually settle it in a day.

We will refund you in full where:

• the restaurant cancelled after taking payment;
• the order was never made available for pickup;
• you were charged twice for the same order;
• the amount charged does not match the amount you were shown.

Where the complaint is about the food itself — wrong item, missing item, quality, temperature — the restaurant decides, because the restaurant made it and sold it to you. We will pass the request on, chase it, and tell you the answer. If a restaurant repeatedly refuses reasonable requests, we remove it from the platform.

Approved refunds are issued to the original payment method. Stripe typically returns the money in 5 to 10 business days; that timing is your bank's.

We answer every refund request within 2 business days. If we say no, we tell you why.

Allergies and food safety

Read this if you have an allergy.

Menu descriptions, ingredient lists and allergen tags are supplied by the restaurant. We publish what the restaurant tells us. We do not verify it, we cannot verify it, and we do not prepare the food.

If you have a serious allergy, call the restaurant before you order. A note in the special instructions box is not a substitute for that conversation. Kitchens share surfaces, oil and equipment, and cross-contamination is a real risk in almost every one.

Food safety and food-handling compliance are the restaurant's legal responsibility under Québec law, including its MAPAQ obligations.

Text messages and WhatsApp

Program: TakeOut order notifications and, separately, TakeOut offers.

What we send. Order updates: received, confirmed, being prepared, ready for pickup, and payment links where a restaurant uses them. If you separately opt in to marketing, occasional offers and news.

Message frequency. Order messages: roughly 2 to 5 per order, so it depends on how often you order. Marketing messages, if you opt in: no more than 4 per month.

Message and data rates may apply.

To stop: reply STOP or ARRET at any time. You will get one confirmation and nothing after that. Stopping marketing messages does not stop order updates, and stopping either does not affect your ability to order.

For help: reply HELP or AIDE, or email [SUPPORT EMAIL].

How you opt in. At checkout, in your profile settings, or during staff onboarding for restaurant accounts. Never pre-ticked, never a condition of ordering or of creating an account.

Carriers are not liable for delayed or undelivered messages.

Reviews and anything else you post

You can review a restaurant you ordered from. Keep it about the food and the service.

Do not post anything unlawful, hateful, threatening, or about someone's private life. Do not post a review for a restaurant you did not order from, and do not post one on someone else's behalf.

You keep ownership of what you write. You give us permission to display it on the restaurant's page and in the app. We can remove a review that breaks these rules, and we will tell you if we do.

Restaurants may reply publicly to a review. Their reply is theirs.

Using the service properly

Do not use TakeOut to break the law, to place orders you do not intend to collect, to interfere with the platform or probe it for weaknesses, to scrape it, or to impersonate anyone.

We may suspend or close an account that does these things. Where an account is closed for repeated no-shows or abuse, we will say so and you can ask us to reconsider.

When something goes wrong

About the food — the restaurant. Wrong, missing, cold, late, or not what was described: the restaurant made it and sold it to you. Contact them; contact us and we will help.

About the platform — us. Charged the wrong amount, the app failed, your order never reached the restaurant, a message never arrived: that is ours, and we will fix it.

We do our best to keep the service running and accurate, but we do not promise it will never be unavailable or never contain an error. Where we are liable to you, our liability for any order is limited to the amount you paid for that order — except where Québec law does not permit that limit, in which case it does not apply.

Nothing in these terms removes or limits your rights under Québec's Consumer Protection Act or any other law that cannot be contracted out of.* Where a clause here conflicts with such a right, the right prevails.

Changes

We may change these terms. If a change matters to you, we will post the new version here with a new effective date and tell you in the app or by email before it takes effect. Continuing to use TakeOut after that means you accept the new version; if you do not, close your account.

Prices, menus and availability are the restaurant's and change without notice from us.

Governing law

These terms are governed by the laws of Québec and the federal laws of Canada that apply there. The courts of the judicial district of Montréal have jurisdiction, subject to any right you have as a consumer to sue where you live.

Language

The French version of these terms is the version we are bound by. It is available at all times, in full, at the same address and on the same terms as this one.

We provide this English version because you asked for English. If the two versions ever disagree, tell us — the difference is our error, and we will correct it. Under the Charter of the French Language, you may rely on whichever version is to your advantage.

This English version is provided at your express request, after the French version was made available to you. / La version française de ce contrat vous a été remise; vous avez expressément demandé la version anglaise.

Contact

• Customer service: [SUPPORT EMAIL]
• Privacy: [PRIVACY EMAIL]
• By mail: Loisirs Digne DOOH Inc., [MAILING ADDRESS — street, city, province, postal code]

We answer within 2 business days.