Barda Terms of Use

Version 1.0 – In force from its publication date on the Platform

In force since November 11, 2026

This English version is provided at your express request. The French version, « Conditions d'utilisation de Barda », is the authoritative version unless you have expressly chosen to be bound by the English version (Charter of the French language, s. 55).

Welcome to Barda. These terms of use (the "Terms") govern your use of the Barda platform, accessible through a web application (the "Platform"). Please read them carefully before creating an account or making a reservation. By creating an account, you accept these Terms.

In this document, "you" means the person who uses the Platform for personal, family or household purposes (the "Consumer"). "Barda", "we", "us" and "our" mean the operator of the Platform described in section 1.

1. Who we are and Barda's role

1.1 Operator. The Platform is operated by 17541899 Canada Inc., doing business as Barda, a corporation incorporated under the Loi canadienne sur les sociétés par actions (Canada Business Corporations Act). You can reach us by email at support@bardalocal.com.

1.2 What Barda does. Barda is a technology intermediary and a reservation platform. It allows food businesses in Montréal (cafés, bakeries, restaurants, grocery stores) to publish listings of surplus food and other items, and allows you to reserve them for in-store pickup.

1.3 The Merchant is the seller. Each listing is published by an independent merchant (the "Merchant"), which is a business holding a permit from the ministère de l'Agriculture, des Pêcheries et de l'Alimentation du Québec (MAPAQ). The Merchant is the seller of the food and items you reserve. The contract of sale is formed between you and the Merchant; Barda is not a party to it.

1.4 What Barda does not do. Barda does not manufacture, handle, store, transport, deliver or sell any food, and never takes possession of it. Barda does not collect any payment at launch (see section 9). Barda does not inspect or certify the food offered; the information on each listing is provided by the Merchant.

1.5 Definitions. A "Listing" is an advertisement published by a Merchant on the Platform. A "Reservation" is your commitment, confirmed on the Platform, to pick up and pay for the item covered by a Listing. The "Pickup Window" is the period indicated in the Listing during which you can pick up the item from the Merchant.

2. Eligibility and account

2.1 Minimum age. You must be at least 16 years old to create an account. You state your date of birth when you sign up and you confirm that it is accurate.

2.2 Accurate information. You agree to provide accurate information and to keep it up to date, in particular your email address, which is used to contact you and to send you the notices provided for in these Terms.

2.3 One account per person. Your account is personal. You are responsible for keeping your login credentials confidential and for notifying us without delay at support@bardalocal.com if you believe your account is being used without your authorization.

2.4 Personal use. The Platform is intended for personal use. It may not be used for commercial purposes or for resale (see section 13).

3. Language

3.1 The Platform and these Terms are presented to you first in French. An English version is offered at your express request.

3.2 In the event of a discrepancy between the French version and the English version, the French version prevails, unless you have expressly chosen to be bound by the English version, in accordance with section 55 of the Charte de la langue française (Charter of the French language).

4. How a reservation works

4.1 Distance contract. A Reservation is a distance contract within the meaning of the Loi sur la protection du consommateur (Québec Consumer Protection Act, the "CPA"). The rules below apply to all Reservations.

4.2 Information before you confirm. Before you confirm a Reservation, the Platform displays on a single screen:

• the name and address of the Merchant's establishment;
• the description of the item;
• the allergen and date information provided by the Merchant (see section 10);
• the total price payable to the Merchant, indicating whether GST and QST are added;
• the Pickup Window;
• the cancellation conditions (section 8).

4.3 Correction and refusal. You can check this information, correct your choice or decline the Reservation at any time before clicking the confirmation button. The Reservation is formed only when you confirm.

4.4 Written confirmation. As soon as the Reservation is formed, we send you by email a copy of the Reservation (including a reservation code) together with a link to these Terms. These documents also remain accessible in your account.

4.5 Availability. Listings often cover small quantities. A Listing may disappear if another Consumer reserves it before you or if the Merchant withdraws it. Until you have confirmed, nothing is reserved for you.

5. Prices, regular price, scheduled price drop, free items

5.1 All-inclusive price. The price shown in a Listing is the total price you will pay to the Merchant, except for GST and QST, which may be added where they apply; the Platform indicates this clearly. No Barda fees, service fees or platform fees are added.

5.2 Price locked at Reservation. The price of your Reservation is the one that applied when it was formed; it is the price the Merchant will charge you at pickup. It cannot be increased afterwards.

5.3 Regular Price. When a Listing shows a discount, the crossed-out "Regular Price" corresponds to the actual ordinary price at which the Merchant usually sells the same item in its establishment. The Merchant is responsible for the accuracy of this price.

5.4 Scheduled Price Drop. Some Listings have a "Scheduled Price Drop": the price decreases automatically according to a schedule and down to a minimum price, both set by the Merchant. Barda's software only executes the parameters chosen by the Merchant. The price that applies to you is the one shown at the time you confirm your Reservation (section 5.2); it neither decreases nor increases after confirmation.

5.5 Free items. A Merchant may publish free or donated Listings ("free"). No amount is then asked of you at pickup. Free items are intended for your personal consumption and may not be resold (section 13).

6. Auctions (not offered)

No auction feature is offered on the Platform at launch; if such a feature were ever introduced, it would be subject to specific terms that would be communicated to you and submitted for your acceptance before it is activated.

7. Pickup

7.1 Place and time. You pick up the item yourself at the Merchant's establishment indicated in the Reservation, during the Pickup Window. Barda offers no delivery.

7.2 Reservation code. At the counter, you present your reservation code (shown in the application). The Merchant hands you the item and you pay the Merchant directly (section 9).

7.3 Checking at pickup. We encourage you to check the item at the time of pickup and to report immediately to the Merchant any difference from the Listing. You may refuse an item that does not match the Listing.

7.4 After the Pickup Window. The Merchant is not required to keep the item for you once the Pickup Window has ended.

8. Cancellation and no-show

8.1 Cancellation by you. You can cancel a Reservation in the application, free of charge, until the end of the Pickup Window. Cancel as early as possible, and at least 1 hour before the end, so that the item becomes available again; a cancellation in the last hour counts as an incident (section 8.3). Once the Pickup Window has ended, you can no longer cancel the Reservation in the application: the Merchant updates the order.

8.2 Cancellation by the Merchant. The Merchant may cancel a Reservation if the item is no longer available (for example, if it was sold by mistake or is no longer fit for consumption). You are then notified through the Platform.

8.3 No-show and late cancellation. If you do not pick up a reserved item, or you cancel it less than 1 hour before the end of the Pickup Window, no fees or monetary penalty are imposed on you. However, these incidents harm Merchants and other Consumers. An incident can lead to a warning in the application, and repeated incidents can automatically pause your new Reservations for 3 days, then 5 days, then 7 days. Your current Reservations stay valid. Repeated incidents can also lead to limits on, suspension of, or closure of your account under section 16.

9. Payment

9.1 Payment to the Merchant. Reserving on the Platform is free. You pay for the item directly to the Merchant, at the counter, at the time of pickup, using the payment methods accepted by the Merchant. Barda collects no payment, no deposit, no fees and no tips, and imposes no financial no-show penalty.

9.2 Receipt. Any invoice or receipt relating to your purchase is issued by the Merchant.

9.3 Possible online payment. If Barda ever introduces online payment, these Terms will be amended accordingly and you will be notified with the advance notice required by law, in accordance with section 17.

10. Food information, allergens and dates

10.1 Source of the information. The description of each food item, the list of ingredients, the allergen information and the dates are provided by the Merchant, who is responsible for them. Barda passes on this information as the Merchant entered it.

10.2 Allergens. If you have a food allergy or intolerance, we recommend that you confirm the composition of the item directly with the Merchant at the time of pickup, before consuming it, since kitchen preparation conditions may vary.

10.3 "Best before" date. Surplus food may be close to its "best before" date, or past it while the Listing is published. This date is an indicator of quality (freshness, texture, taste) and not a food-safety date. Where the Merchant has entered it, the Platform shows it in the Listing.

10.4 Expiration date. A Merchant is prohibited from offering on the Platform a food item whose expiration date, within the meaning of federal food regulations (for example, infant formula or certain nutritional products), has passed.

10.5 Storage after pickup. Once the item has been handed over, you are responsible for storing and consuming it according to the instructions provided by the Merchant.

11. Non-compliant or unsafe food – reporting

11.1 Reporting. If a food item appears to you to be unsafe, spoiled, mislabelled or not in keeping with the Listing, you can report it by writing to support@bardalocal.com with your reservation code. We also encourage you to inform the Merchant directly.

11.2 What Barda does. Upon receiving a report, Barda may notify the Merchant, suspend the Listing concerned while the situation is being reviewed and, if the situation warrants it, forward the report to the MAPAQ or to the Ville de Montréal.

11.3 Your remedies. A report does not replace your remedies against the Merchant (section 15) and does not limit your right to contact the MAPAQ or the Ville de Montréal yourself.

12. Non-food items

A Merchant may also publish Listings for non-food items. The Merchant is the seller of these items. The legal warranties of quality and durability provided in sections 37 and 38 of the CPA, as well as the warranty of quality under the Code civil du Québec (Civil Code of Québec), apply and are exercised against the Merchant.

13. Rules of conduct

By using the Platform, you agree to:

• not resell food or items obtained for free, and not use the Platform for commercial purposes;
• not make fraudulent or fictitious Reservations or Reservations in unreasonable quantities, and not create multiple accounts;
• treat Merchants' staff and other users with respect, without harassment, threats or discrimination;
• not publish false or misleading reviews or reports;
• not attempt to access the Platform without authorization, disrupt it or extract its data;
• comply with applicable laws.

14. Liability

14.1 Merchant's liability. The Merchant is responsible for the food and items it offers, for their safety, for their conformity with the Listing and for the accuracy of the information it publishes (description, price, allergens, dates).

14.2 Barda's liability. Barda is liable for its own faults, for example an error in its software that would alter the information entered by the Merchant or the price confirmed at the time of your Reservation, or a breach of its obligations under these Terms.

14.3 No exclusion for bodily or moral injury. Nothing in these Terms excludes or limits the liability of Barda or of a Merchant for bodily or moral injury, for an intentional or gross fault, or for any obligation or right arising from the CPA.

14.4 Limit for material or economic losses. Only to the extent permitted by law, and only for material or economic losses that do not result from an intentional or gross fault, Barda's liability to you for a Reservation is limited to one hundred dollars ($100). This limit does not apply to the cases covered by section 14.3.

14.5 Platform availability. We make reasonable efforts to keep the Platform accessible, but it may be interrupted for maintenance or because of outages. We inform you of planned interruptions where possible.

15. Consumer rights

15.1 No waiver. These Terms do not cause you to waive any right provided by the CPA or by any other law of public order. In accordance with sections 261 and 262 of the CPA, you cannot waive these rights and any clause that would have that effect is of no value.

15.2 Remedies against the Merchant. You retain all your remedies against the Merchant, in particular for a non-conforming item, a price charged that differs from the confirmed price, or inaccurate information.

15.3 Office de la protection du consommateur. You may at any time inquire about your rights or file a complaint with the Office de la protection du consommateur du Québec.

16. Account suspension and closure

16.1 By you. You can close your account at any time from the application settings or by writing to us at support@bardalocal.com. Closure is free of charge.

16.2 By Barda. We may suspend or close your account if you breach these Terms, in particular the rules of conduct (section 13) or in the event of repeated no-shows (section 8.3). Except in an emergency (for example, fraud or a threat against a Merchant's staff), we first send you a warning.

16.3 Reasons and contesting. Any suspension or closure is communicated to you in the application or by email, with its reasons. You can contest it by writing to support@bardalocal.com within 30 days; we reply to you in writing within a reasonable time.

16.4 Pending Reservations. The closure of your account does not affect the rights you have acquired with respect to a Reservation that has already been confirmed.

17. Amendments

17.1 Elements that may be amended. We may amend the following elements of these Terms: the Platform's features, the pickup rules, the rules of conduct, the fees (if fees were ever introduced) and our contact details. The essential elements of the contract, in particular the nature of the service and your rights under the CPA, cannot be amended unilaterally.

17.2 Advance notice. Any amendment is announced to you by a written notice sent in the application or to the email address on your account at least 30 days before it takes effect. The notice sets out the new clause and the clause it replaces, as well as the effective date.

17.3 Right to refuse. If you refuse the amendment, you may terminate the contract without fees or penalty by closing your account before the effective date. If you continue to use the Platform after that date, the amendment applies to you.

18. Personal information

The collection, use and disclosure of your personal information are governed by our Privacy Policy, which is accessible on the Platform and which forms part of these Terms by reference. It is established in accordance with the Loi sur la protection des renseignements personnels dans le secteur privé (Québec Act respecting the protection of personal information in the private sector). For any question about your personal information, write to us at confidentialite@bardalocal.com.

19. Complaints and disputes

19.1 Internal complaint. If you have a complaint concerning the Platform or a Reservation, first write to us at support@bardalocal.com, indicating your reservation code. We acknowledge receipt and strive to reply to you within a reasonable time. Complaints concerning a food item or an item are forwarded to the Merchant concerned.

19.2 Competent courts. If a complaint cannot be resolved, any dispute arising from these Terms is submitted to the courts of Québec, in the judicial district of Montréal, including the Small Claims Division of the Court of Québec where the amount allows it.

19.3 No restriction of your remedies. These Terms contain no mandatory arbitration clause and no class action waiver, and impose no foreign law.

20. General provisions

20.1 Content of the contract. The contract between you and Barda consists of these Terms and the documents expressly referred to in them by a link (in particular the Privacy Policy). No other external clause may be set up against you if it was not expressly brought to your attention.

20.2 Readability. We undertake to write these Terms in a clear and understandable way. In case of doubt as to the meaning of a clause, it is interpreted in favour of the Consumer.

20.3 Abusive clauses. Any clause that is found to be abusive, illegible or incomprehensible within the meaning of the Code civil du Québec is without effect, without the remainder of the Terms being affected.

20.4 Severability. If a clause is declared invalid, the other clauses remain in force.

20.5 Governing law. These Terms are governed by the laws applicable in Québec.

20.6 Communications. The notices we send you are transmitted to the email address on your account and, as the case may be, in the application. You can write to us at support@bardalocal.com.

20.7 Intellectual property. The Platform, its name, its logo and its content belong to Barda or its licensors. You obtain only a personal right to use the Platform in accordance with these Terms.

20.8 Contact us. 17541899 Canada Inc., doing business as Barda – support@bardalocal.com.