1. Acceptance and scope
These Terms of Use ("Terms") form a binding agreement between you and BackHome ("BackHome", "we", "us") and govern your access to and use of the BackHome website, mobile applications and related services (the "Platform"). By creating an account, ticking the acceptance box or using the Platform you confirm that you have read, understood and accepted these Terms and the Privacy Policy.
If you do not agree with any part of these Terms, you must not create an account or use the Platform.
2. BackHome is an intermediary
BackHome operates a marketplace that connects customers with independent businesses and home producers ("Vendors"). BackHome is not a restaurant, food producer, retailer, service provider, employer or agent of any Vendor. Every order, reservation, appointment or purchase is a contract between you and the Vendor; BackHome is not a party to it.
Vendors are solely responsible for the products and services they offer, including their quality, safety, allergens, pricing, availability, preparation, hygiene, licences, taxes and compliance with applicable law.
3. Eligibility and account
You must be at least 18 years old and legally able to enter into contracts to use the Platform. You must provide accurate information, keep it up to date and protect your login credentials. You are responsible for all activity under your account. One person may hold one personal account.
We may refuse, suspend or close an account at our discretion where we reasonably believe these Terms, the law or the rights of others have been breached, or to protect the Platform and its users.
4. Orders, reservations and appointments
Availability, prices, preparation times, cancellation windows and refunds are set by the Vendor and shown before you confirm. Once you confirm an order it is transmitted to the Vendor; cancellation after that point is subject to the Vendor's rules shown on screen, including any forfeiture when preparation has started.
Prices are shown in the currency of the Vendor's country and include the taxes indicated. Tips are voluntary and go to the Vendor.
5. BackHome Credit (PCB)
BackHome Credit is a prepaid, venue-specific balance that can only be spent with the Vendor for which it was purchased, in that Vendor's country and currency. BackHome Credit is not money, not a deposit, not a security and does not earn interest. It cannot be transferred, sold or exchanged for cash except where a refund is required by law.
Credit is sold in parcels at the price shown at the time of purchase; the difference between what you pay and the credit value is the Platform's only remuneration. Refunds of credit follow the Vendor's refund rules and, where applicable, the law of your country; refunded credit returns to the balance it came from.
6. Loyalty points, campaigns and referrals
Loyalty points are promotional, have no cash value, may expire and may be changed or withdrawn by the Vendor or BackHome at any time. Campaign discounts and referral rewards are subject to the conditions shown for each campaign. Any attempt to obtain rewards through fake accounts, self-referral or other abuse will result in forfeiture and may lead to account closure.
7. Social features and conduct
The Platform includes community features (events, messaging, reviews). You must not post content that is unlawful, defamatory, harassing, discriminatory, sexually explicit, misleading, infringing, or that discloses another person's private information. You must not use the Platform to spam, scrape, reverse engineer, interfere with security, or impersonate others.
We may remove content and restrict accounts that breach these rules. Reviews must reflect a genuine experience; Vendors may reply publicly.
8. Your content and licence
You keep ownership of the content you post. You grant BackHome a worldwide, non-exclusive, royalty-free licence to host, display, reproduce and adapt that content for the purpose of operating and promoting the Platform. You confirm you have the rights needed to grant this licence.
9. Intellectual property
The Platform, its software, design, trademarks and content (other than user content) belong to BackHome or its licensors and are protected by law. You receive a limited, revocable, non-transferable licence to use the Platform for its intended purpose.
10. Disclaimer of warranties
To the fullest extent permitted by law, the Platform is provided "as is" and "as available". BackHome does not warrant that the Platform will be uninterrupted, error-free or secure, nor does it warrant the quality, safety, legality or suitability of any Vendor, product or service. Information provided by Vendors (including allergen and ingredient information) is provided by the Vendor and BackHome does not verify it.
11. Limitation of liability
To the fullest extent permitted by law, BackHome shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, data or goodwill, arising out of or in connection with the Platform or any Vendor. BackHome's total aggregate liability for all claims in any twelve-month period shall not exceed the greater of (a) the amounts you paid to BackHome (not to Vendors) in that period and (b) CAD 100 or its equivalent.
Nothing in these Terms excludes or limits liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, fraud, or your statutory consumer rights.
12. Indemnity
To the extent permitted by law, you agree to indemnify BackHome against claims, losses and costs (including reasonable legal fees) arising from your breach of these Terms, your content or your misuse of the Platform.
13. Evidence of acceptance
When you accept these Terms we record the version and language shown to you, the date and time on our servers, your IP address, your browser or device information and a device identifier, together with a cryptographic fingerprint of the text. These records are kept in a tamper-evident ledger and may be used as evidence of your acceptance.
14. Changes to these Terms
We may update these Terms. Material changes will be presented to you for acceptance before you continue using the Platform; minor changes take effect when published. Your acceptance of a prior version remains on record and applies to the period before the change.
15. Suspension, termination and withdrawal
You may close your account at any time from your profile. If you withdraw your acceptance of these Terms, your account is suspended until you accept them again; you may request deletion of your account instead. We may suspend or terminate accounts as described in these Terms. Provisions that by their nature should survive termination (including liability, indemnity and evidence of acceptance) will survive.
16. General
These Terms, the Privacy Policy and any addenda you accept are the entire agreement between you and BackHome regarding the Platform. If a provision is held invalid, the rest remains in force. Our failure to enforce a right is not a waiver. You may not assign these Terms; we may assign them to an affiliate or successor.
17. Governing law and disputes (Canada)
These Terms are governed by the laws of the province or territory in which you reside and the federal laws of Canada applicable therein. Disputes will be brought before the courts of that province or territory. If you are a consumer in Québec, nothing in these Terms limits the rights you have under the Consumer Protection Act (Québec), including your right to bring a claim before a Québec court; any arbitration or class-action waiver does not apply to you.
Contact for notices: legal@back-home.ca.
18. Consumer rights, prepaid credit and taxes (Canada)
Consumer protection in Canada is provincial. Where the consumer protection law of your province or territory (for example Ontario's Consumer Protection Act, 2002, Québec's Consumer Protection Act or British Columbia's Business Practices and Consumer Protection Act) gives you rights that cannot be waived — including rules on internet agreements, cancellation and refunds — those rights prevail over anything to the contrary in these Terms.
BackHome Credit is treated as a prepaid purchase card where provincial law so provides: it does not expire and no dormancy, activation or maintenance fee is charged on it. Prices include GST/HST and, where applicable, provincial sales tax as shown at checkout; taxes are collected by the Vendor. If a Vendor leaves the Platform, unspent credit bought for that Vendor is handled under the Refunds section and the law of your province.