1. Parties and acceptance
This Vendor Agreement ("Agreement") is between BackHome and the business you register ("Vendor", "you"). By registering a business you confirm that you are authorised to bind the Vendor and that you have read and accepted this Agreement, its addenda for your category and pricing plan, the Terms of Use and the Privacy Policy.
2. Nature of the relationship
BackHome provides a software platform on which you list products or services, receive orders, reservations and appointments, manage tables and staff, and run campaigns. BackHome is an intermediary and technology provider only. You sell directly to customers; you are not an agent, franchisee, partner or employee of BackHome and BackHome is not yours. Nothing in this Agreement creates an employment relationship between BackHome and you or your staff.
3. Your obligations
You hold and maintain every licence, permit, registration and insurance required to operate your business and to sell the listed products or services, and you will provide copies on request.
You are responsible for the accuracy of everything you publish (names, descriptions, prices, photos, allergens, ingredients, opening hours, availability) and for fulfilling every order you accept to the standard a customer is entitled to expect. You must respond to orders, reservations and customer messages promptly and honour the cancellation and refund rules you publish.
You comply with all laws applicable to your business, including consumer protection, food safety, health and safety, employment, tax, accessibility, advertising and data protection law. You collect and remit your own taxes.
You must not list unlawful, counterfeit, age-restricted (unless lawfully sold and age-verified by you) or dangerous items, and you must not use the Platform to harm customers, competitors or BackHome.
4. Platform fees and payment
BackHome does not charge a per-order commission. Your participation is paid either through a subscription or through a monthly BackHome Credit commitment, as set out in the Plan Addendum you accept. Cash, card and in-venue payments are collected by you directly; BackHome Credit spent with you is settled according to the Plan Addendum. You are responsible for payment-terminal, cash-handling and accounting at your venue.
5. BackHome Credit
Credit purchased by customers for your venue may only be spent with you. You must honour valid credit payments presented through the Platform (QR or short code) and must not refuse them or apply surcharges. Refunds of credit are processed through the Platform and return to the customer's balance; you must not refund credit in cash.
6. Customer data
You receive customer personal data (names, order details, contact details where needed) solely to fulfil orders, reservations and appointments and to comply with law. You act as an independent controller of that data, must protect it, must not use it for marketing without the customer's separate consent, and must not sell or share it. You will notify BackHome without undue delay of any personal-data breach involving Platform data.
7. Staff
You may invite your employees to use the business panel with roles you assign. Your staff are your employees or contractors, not BackHome's; you are responsible for their conduct on the Platform, for having the right to enter their personal data, and for all employment-law obligations. You must remove access when a person leaves.
8. Content and licence
You keep ownership of your content (logos, photos, menus, descriptions) and grant BackHome a worldwide, non-exclusive, royalty-free licence to host, display, reproduce, adapt and promote it on and for the Platform, including in marketing for the Platform. You warrant you have the rights to grant this licence and that your content does not infringe third-party rights.
9. Reviews and moderation
Customers may review your business. You may reply publicly but may not solicit fake reviews, offer incentives for positive reviews or retaliate against reviewers. BackHome may remove content and may suspend listings that receive substantiated complaints, pending investigation.
10. Approval, suspension and termination
Listings are activated after BackHome approves the registration and the plan payment or commitment is in place. Either party may terminate this Agreement on 30 days' written notice. BackHome may suspend or terminate immediately for material breach, unlawful activity, unpaid fees, repeated substantiated complaints, or risk to customers or the Platform. On termination your listing is removed; outstanding customer credit for your venue remains redeemable or refundable as set out in the Plan Addendum; accrued obligations survive.
11. Disclaimer and limitation of liability
The Platform is provided "as is" and BackHome does not guarantee order volume, revenue, uptime or results. To the fullest extent permitted by law, BackHome is not liable for indirect, consequential or special losses, lost profits, lost data or lost goodwill, and BackHome's total liability to you in any twelve-month period is limited to the fees you paid to BackHome in that period. Nothing limits liability that cannot be limited by law.
12. Indemnity
You will indemnify and hold harmless BackHome, its officers, employees and agents from all claims, damages, fines and costs (including reasonable legal fees) arising from your products or services, your content, your breach of this Agreement or of the law, your staff, or your handling of customer data, including food-safety, product-liability and consumer claims.
13. Confidentiality and evidence
Non-public information about the Platform, its pricing and your commercial terms is confidential. Your acceptance of this Agreement and its addenda is recorded with version, time, IP address, device and a cryptographic fingerprint of the text in a tamper-evident ledger and may be used as evidence.
14. Changes
BackHome may update this Agreement and its addenda. Material changes will be presented for acceptance by the business owner before continued use of the panel; minor changes take effect when published.
15. General
This Agreement, its addenda, the Terms of Use and the Privacy Policy are the entire agreement between the parties on its subject. If a provision is invalid the remainder stands. You may not assign this Agreement without BackHome's consent; BackHome may assign it to an affiliate or successor. Notices are sent to the e-mail or phone on the business account.
16. Governing law and disputes (Canada) — businesses
These Business Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The courts of Toronto, Ontario have exclusive jurisdiction over disputes, except that either party may seek injunctive relief in any competent court. Because you contract in the course of business, consumer-protection legislation does not apply to this agreement. If you are in Québec, both language versions are provided in accordance with the Charter of the French Language; the version you accept is the one that binds you.
17. Taxes, invoicing and duties towards customers (Canada)
You are responsible for registering for and collecting GST/HST and any applicable provincial sales tax (PST/QST) on your sales, for issuing receipts or invoices where required, and for keeping records for the period required by the Canada Revenue Agency. Towards customers you must comply with the consumer-protection law of your province — including internet-agreement disclosures, cancellation and refund rules — and, in Québec, with the Consumer Protection Act and French-language requirements for your listings. Any platform fees are invoiced with applicable taxes; the tax treatment of credit redemptions is yours to determine.