Terms of Use
Last updated: 2026-03-26 — Version 1.1
1. Acceptance of Terms
By accessing the Festoya platform (the "Site") or using our services, you agree to be bound by these terms of use (the "Terms"). If you do not accept these Terms, you must not use the Site. Festoya reserves the right to modify these Terms at any time. Changes take effect upon posting on the Site.
2. Age Restriction
To use the Site or purchase the services offered by Festoya, you must be at least eighteen (18) years of age. By using the Site, you represent and confirm that you are at least eighteen (18) years of age. Festoya cannot be held responsible for any misrepresentation in this regard.
3. Description of Services
Festoya is a marketplace platform connecting buyers ("Buyers") with catering companies ("Caterers") in the Greater Montreal, Quebec area. Festoya acts exclusively as a technology intermediary. Festoya is not a caterer, does not prepare food, and does not provide delivery services. Any order placed through the platform constitutes a direct contract between the Buyer and the Caterer. Caterer availability is subject to geographic delivery zones. Orders may only be placed within a Caterer's designated delivery area.
4. User Accounts
To use the platform, you must create an account by providing accurate and up-to-date information. Authentication is done via email and password or via Google OAuth. Passwords are stored as irreversible cryptographic hashes. Email verification is required before accessing the platform. You are responsible for the security of your account and all activity under it. Caterer accounts are subject to prior review and approval by Festoya. Until approved, Caterer accounts cannot access the platform. Festoya may approve, reject, or suspend a Caterer account at its discretion. Festoya applies rate limiting on authentication and form submission endpoints to prevent abuse. Repeated failed attempts may result in temporary access restrictions.
5. Pricing, Fees and Taxes
Festoya charges a service fee of up to fifteen percent (15%) on each order, billed to the Buyer. The price displayed on package cards includes this fee. Applicable taxes (GST 5% and QST 9.975%) are calculated on the pre-tax total and displayed separately at checkout. All prices are in Canadian dollars (CAD). Festoya is responsible for collecting and remitting GST and QST to the appropriate tax authorities. Prices, products, and services offered are subject to change at any time.
6. Payments
Accepted payment methods are: Interac e-transfer, direct deposit, cheque, and card (when available). Festoya does not store any credit card or banking information. A PDF invoice is automatically generated for each order and retained for a minimum of six (6) years in accordance with applicable tax laws.
7. Orders, Modifications, Cancellations and Disputes
Orders are processed once payment is confirmed. Prices are recalculated server-side at submission time. Modifications: modification requests are reviewed by Festoya. Affected parties are notified by email of the decision. Cancellations: full refund (100%) if cancelled more than 72 hours before delivery; partial refund (50%) between 24 and 72 hours; no refund if less than 24 hours. If a Caterer cancels, the Buyer receives a full refund. Disputes: Buyers may open a dispute after delivery (quality, missing items, wrong order, late delivery, etc.). Disputes are reviewed by Festoya and parties are notified by email.
8. Caterer Obligations
Caterers are independent contractors. They are responsible for: holding all permits and certifications required for food handling and sale in Quebec; maintaining adequate liability insurance; providing accurate information about their packages, including allergens. Festoya reserves the right to suspend or terminate any Caterer account that fails to meet these obligations.
9. Allergies and Allergens
Festoya cannot be held liable for cases of allergy or food intolerance. Although Caterers are required to declare dietary tags and known allergens in their packages, no guarantee can be given by Festoya regarding the absence of allergens or cross-contamination in products prepared by Caterers. Buyers with severe allergies should communicate directly with the Caterer to confirm food safety before placing an order.
10. Preference Gatherings
Festoya provides a Preference Gathering feature that allows Buyers to collect dietary preferences and food allergies from event guests via a shareable link. By using this feature, the Buyer acknowledges and agrees that: Guest respondents are not required to create an account. Guest data (name, email, dietary preferences, allergies, notes) is collected on behalf of the Buyer. Guest personal data is automatically purged ninety (90) days after the gathering is closed. After purging, only anonymized aggregated data (dietary preference counts) is retained. Buyers are responsible for informing their guests that their data will be collected and processed by Festoya in accordance with our Privacy Policy. Festoya is not responsible for the accuracy of guest-submitted data or for any adverse reactions resulting from incorrect or incomplete dietary information provided by guests.
11. Account Deletion and Deactivation
You may request the deletion of your account at any time through your account settings. Upon requesting deletion: A grace period applies: thirty (30) days for Buyer accounts, and one (1) year from the date of the last delivered order for Caterer accounts (minimum thirty days). During the grace period, you may cancel the deletion and reactivate your account. At the end of the grace period, your account is permanently anonymized: personal information, profile data, and uploaded files are erased. Order and invoice records are retained in anonymized form for the legally required six (6) year period. Festoya may also initiate account deletion for policy violations, with or without a grace period. In such cases, the affected user is notified by email with the reason for the action. Accounts with active or pending orders cannot be deleted until all orders are completed, cancelled, or refunded.
12. Content and Uploads
Caterers may upload images (cover photos, chef photos, package images) to the platform. Uploaded files must comply with the following restrictions: accepted formats are JPEG, PNG, and WebP only; maximum file size is five (5) megabytes per image; image metadata (location, device data) is automatically removed during processing. Festoya reserves the right to reject or remove any content that violates these restrictions or that is deemed inappropriate, misleading, or in violation of these Terms.
13. Intellectual Property
The Festoya platform is the property of Festoya Inc. and is protected by applicable laws. Caterers retain ownership of their content (photos, descriptions) but grant Festoya a non-exclusive, worldwide, royalty-free license to display and promote this content on the platform.
14. Prohibited Uses
You agree not to use the Site for unlawful or harmful purposes, including: harassment or threats against others; violation of Festoya's or third parties' intellectual property; uploading viruses or malicious software; fraud or misrepresentation; unauthorized collection of others' personal information. Festoya reserves the right to suspend or terminate your account in the event of a violation of this clause.
15. Limitation of Liability
Festoya acts solely as a technology intermediary and cannot be held liable for: the quality, safety, or compliance of food provided by Caterers; delivery delays; any damages resulting from use of the platform. Festoya's total liability, if any, is limited to the amount of service fees collected on the order in question. This limitation applies to the extent permitted by the laws of Quebec. Festoya makes no guarantee of continuous Site availability and cannot be held liable for service interruptions.
16. Force Majeure
Festoya may be released from its obligations or suspend their performance if unable to fulfill them due to force majeure, including but not limited to exceptional weather conditions, natural disasters, infrastructure failures, epidemics, government actions, or any other event beyond Festoya's reasonable control. Such an event gives rise to no indemnity or compensation.
17. Platform Administration
Festoya reserves the right to: suspend, reject, or terminate accounts (with or without a grace period, as described in the Account Deletion section); update order statuses if a Caterer is unresponsive; review and resolve disputes; initiate account deletion for policy violations; modify platform settings, including service fee rates. Affected parties are notified by email of any administrative action affecting their account or order, including the reason for the action.
18. Severability
If any clause of these Terms is found to be illegal, declared null, or unenforceable, in whole or in part, the unenforceable portion shall not affect the validity and enforceability of the remaining clauses of these Terms.
19. Governing Law
These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. Any dispute arising from these Terms shall be submitted to the exclusive jurisdiction of the courts of the judicial district of Montreal, Quebec.
20. Contact
info@festoya.ca