Terms of Service
LocalBites is a food ordering and reservation platform that connects people in Calgary with independent and ethnic restaurants. These Terms of Service ("Terms") govern your use of our website, WhatsApp ordering service, phone concierge, mobile tools, and partner dashboards (together, the "Service").
01About us and these Terms
"LocalBites," "we," "us," and "our" refer to 2166613 Alberta LTD, an Alberta corporation operating the LocalBites platform at localbites.ca. Our registered address is Calgary, Alberta, Canada.
These Terms form a binding agreement between you and us. If you do not agree with them, do not use the Service. Your continued use of the Service constitutes acceptance of the current version of these Terms.
These Terms should be read together with our Privacy Policy, which explains how we handle personal information.
02Who can use LocalBites
You may use the Service if you are at least 13 years old. If you are under the age of majority in your province (18 in Alberta), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
You may not use the Service if you are barred from doing so under applicable law, or if your account has previously been terminated by us for violating these Terms.
The Service is intended for use primarily in Canada. We do not currently solicit users outside Canada, but if you access the Service from elsewhere you are responsible for compliance with your local laws.
03Accounts
You can place orders as a guest using just your phone number and delivery address. Some features (saved addresses, order history, loyalty, partner tools) require an account.
When you create an account you agree to:
- Provide accurate and current information;
- Keep your credentials confidential;
- Be responsible for all activity that occurs under your account; and
- Notify us immediately if you suspect unauthorized access.
We may refuse to create an account, or suspend or terminate an account, at our reasonable discretion โ for example, if we detect fraud, abuse, or repeat chargebacks.
04How the Service works
LocalBites is a marketplace. When you place an order, the contract of sale for the food is between you and the restaurant. We act as the commercial agent that facilitates the transaction: we take your order, collect payment, transmit the order to the restaurant, coordinate delivery or pickup, and handle customer support.
We do not prepare, cook, or inspect food ourselves. Responsibility for food safety, quality, allergens, accuracy of preparation, and packaging rests with the restaurant that made your order.
We do, however, take responsibility for the quality of the LocalBites experience โ if something goes wrong with an order, contact us and we will work with the restaurant to make it right, including issuing refunds where appropriate.
05Orders, pricing, and payments
5.1 Placing orders
You can place orders through our website (localbites.ca), our WhatsApp number (+1 403-493-2717), our phone concierge (where available), or a restaurant-specific link. An order is accepted when the restaurant confirms it. Until then, we may cancel the order โ for example, if the restaurant is closed, items are unavailable, or the delivery address is outside our service area.
5.2 Pricing
Prices shown on LocalBites are set by the restaurant. We add applicable delivery fees, service fees, and taxes (GST) at checkout. The total you see before confirming is what you will be charged, except in limited cases described in Section 5.4 (Adjustments).
5.3 Payment
Payments are processed by Stripe, Inc. We do not store full payment card numbers. By placing an order, you authorize us to charge the payment method you select for the full amount of the order, including any taxes and fees. Large reservations may require a pre-authorization (hold) rather than an immediate charge โ see Section 6.
If your payment is declined or reversed after an order has been prepared, you remain liable for the amount due and we may suspend your account until the balance is resolved.
5.4 Adjustments
Occasionally an order needs to be adjusted โ for example, if an item is out of stock. In those cases, we will contact you before the adjustment is finalized where practical. If a substitution cannot be agreed on, we will refund the affected item.
5.5 Cancellations and refunds
Because food is prepared to order, cancellations are only possible before a restaurant begins preparation. Once preparation has started, the order is non-cancellable. If you receive the wrong items, missing items, damaged items, or food that is unsafe to eat, contact us within 24 hours and we will arrange a refund, credit, or replacement depending on the circumstances. Our decisions on refunds are made in good faith and at our reasonable discretion.
5.6 Delivery
Estimated delivery times shown on the site are good-faith estimates based on restaurant prep time and distance. They are not guarantees. You must provide an accurate delivery address and be reasonably available to receive the order. If you are not available and the order is returned to the restaurant, we may charge you a re-delivery fee or treat the order as delivered.
5.7 Promotional codes
We may offer promotional codes from time to time. Codes are single-use unless stated otherwise, non-transferable, cannot be combined unless we explicitly allow it, have no cash value, and may be cancelled at any time if we detect abuse.
06Reservations and deposits
LocalBites offers a reservation system for participating restaurants. When you make a reservation:
- You agree to honour the reservation or cancel with reasonable notice (typically at least 2 hours before the booking);
- For large parties (generally 8 or more guests), we may place a pre-authorization (hold) on your payment card as a deposit;
- If you arrive on time and honour the reservation, the hold is released and no charge is made;
- If you no-show or cancel with less than the notice required by the restaurant, the restaurant may capture some or all of the hold as a no-show fee, which will be communicated before you book.
Reservation rules โ including cancellation windows, party size thresholds, and deposit amounts โ are set by the restaurant and displayed at the time of booking.
07Acceptable use
You agree not to:
- Use the Service for any unlawful purpose;
- Place fraudulent, false, or duplicate orders, or use someone else's payment method without authorization;
- Abuse, harass, threaten, or discriminate against our staff, delivery partners, or restaurant staff;
- Scrape, reverse-engineer, or make automated queries against the Service without our written permission;
- Interfere with the Service, introduce malware, or attempt to gain unauthorized access to our systems;
- Resell the Service, or hold yourself out as a representative of LocalBites without authorization;
- Abuse refund or promotional processes; or
- Use the Service in violation of any applicable law, including export controls and sanctions.
We may suspend or terminate your access to the Service, without refund, if we reasonably believe you have violated this section.
08Restaurant partners
If you are a restaurant using LocalBites to receive orders or manage reservations, the following additional terms apply. These terms supplement any separate partnership agreement you have signed with us; where there is a conflict, the separate agreement controls.
8.1 Your responsibilities
- Maintain all licenses, permits, and insurance required to operate your restaurant and prepare food;
- Comply with Alberta Health Services and all applicable food-safety regulations;
- Keep your menu, prices, photos, and hours on LocalBites accurate and up to date;
- Prepare orders in the time committed and to the standards advertised;
- Respond to customer feedback professionally;
- Not discriminate against customers on the basis of any protected ground under the Alberta Human Rights Act.
8.2 Commissions and payouts
LocalBites charges commissions set out in your partnership agreement โ typically 15% for delivery orders and between 5% and 20% for pickup orders depending on tier. Net of commissions, refunds, and any other adjustments, payouts are remitted to you on the schedule agreed between us, via Stripe Connect or another payout method we offer.
8.3 Marketing and content
You grant LocalBites a non-exclusive, royalty-free licence to display your restaurant name, logo, menu, photos, and descriptions on the Service and in LocalBites marketing. You represent that you have the right to grant this licence and that your content does not infringe any third-party rights.
8.4 Social media integrations
If you connect a Facebook Page or Instagram Business account to LocalBites, you authorize us to use the access token Meta provides solely to perform the actions you request (scheduling posts, reading insights, managing metadata). You can disconnect at any time from the Partner Portal, which revokes the token.
8.5 Term and termination
Either party may terminate the partnership with 30 days' written notice, or immediately for cause (including breach of these Terms, fraud, health-code violations, or repeated customer complaints). On termination, accrued payouts are issued on the next regular payout cycle.
09AI concierge (Maya)
"Maya" is our AI-powered concierge that helps you browse menus, ask questions about dishes, and place orders by chat or phone. Maya is built on large language models supplied by third parties including Google (Gemini) and Anthropic (Claude).
Maya is designed to be helpful and accurate, but AI systems can make mistakes. You should verify important details โ especially allergen information, pricing, and delivery times โ before relying on them. If a Maya response contradicts information on the restaurant's menu page on LocalBites, the menu page controls. If a Maya response contradicts what the restaurant tells you directly, the restaurant's information controls.
Messages to Maya may be processed by our AI providers to generate a response, subject to our Privacy Policy and our providers' terms. Maya's conversations are not used to train third-party AI models.
10Intellectual property
The LocalBites platform โ including the website design, source code, database schema, branding, AI concierge prompts, and documentation โ is owned by us and is protected by copyright, trade-mark, and other laws. You may not copy, modify, or create derivative works from the Service except as permitted by law.
Restaurant content (menus, photos, descriptions) is owned by the respective restaurants, who have licensed it to LocalBites for display on the Service.
"LocalBites" and the LocalBites logo are trade-marks of 2166613 Alberta LTD. You may not use them without our written permission.
11Third-party services
The Service relies on third parties including (but not limited to) Stripe, Supabase, Cloudflare, Cloudinary, Meta (WhatsApp Business Platform, Facebook, Instagram), Telnyx, Deepgram, Google, and Anthropic. When you use parts of the Service that depend on these providers, their own terms and privacy policies also apply to that portion of the service. We are not responsible for the availability, accuracy, or practices of third-party services.
12Warranties and limitation of liability
12.1 Service provided "as is"
12.2 Food preparation
We do not warrant the quality, accuracy, or safety of food prepared by restaurants on the Service. That responsibility rests with the restaurant. If you have food allergies or other dietary requirements, confirm directly with the restaurant before ordering. We will assist in resolving issues but are not liable for the underlying food or its preparation.
12.3 Limitation of liability
12.4 Consumer rights
Nothing in these Terms limits consumer-protection rights under the Alberta Consumer Protection Act or other applicable law where those rights cannot lawfully be waived.
13Indemnification
You agree to defend, indemnify, and hold harmless LocalBites, 2166613 Alberta LTD, and our officers, employees, and agents from any claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising out of or related to (a) your use of the Service in violation of these Terms, (b) content you submit, or (c) your breach of any law or third-party right. If you are a restaurant partner, this indemnity also covers claims arising from food you prepare and sell through the Service.
14Suspension and termination
We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraud or abuse, or pose a risk to the Service, our staff, our partners, or other users. You may stop using the Service at any time. Sections that by their nature should survive termination โ including Sections 10, 12, 13, and 16 โ will survive.
15Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. If the changes are material, we will notify you by email, WhatsApp, or through a prominent notice on our website before they take effect. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of them.
16Governing law and disputes
These Terms are governed by the laws of the Province of Alberta and the laws of Canada applicable in Alberta, without regard to conflict-of-laws principles.
Any dispute arising out of or relating to these Terms or the Service that cannot be resolved by good-faith discussion will be submitted to the exclusive jurisdiction of the courts located in Calgary, Alberta, Canada. You and LocalBites each consent to that jurisdiction and waive any objection based on venue or forum non conveniens.
Nothing in this section prevents either party from seeking urgent injunctive relief in any court of competent jurisdiction.
17Miscellaneous
- Entire agreement. These Terms, together with the Privacy Policy and any separate partnership agreement, are the entire agreement between you and us regarding the Service.
- No waiver. Our failure to enforce any right under these Terms is not a waiver of that right.
- Severability. If any provision is held invalid, the remaining provisions continue in full effect.
- Assignment. You may not assign these Terms without our written consent. We may assign them, for example as part of a reorganization, merger, or sale of business.
- Notices. Notices to us should be sent to privacy@localbites.ca. Notices to you may be sent to the email, phone, or WhatsApp number associated with your account.
- Force majeure. Neither party is liable for delays or failures caused by events outside its reasonable control โ including natural disasters, labour disputes, outages of third-party services, or governmental action.
- Language. These Terms are drafted in English. Any translation is provided for convenience; the English version controls.
18Contact us
Questions about these Terms or the Service: