TWISH CART™ Terms and Conditions of Service

Effective Date: November 10, 2025

Welcome to Twish Cart™!

These Terms & Conditions (“Terms”) govern your access to and use of the Twish Cart™ website, mobile app, and related services (collectively, the “Platform”) operated by Twish Cart Technologies Inc. (“Twish Cart,” “Twish,” “we,” “us,” or “our”).

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms and all policies incorporated by reference (including our Privacy Policy and Refund & Returns Policy). If you do not agree, do not use the Platform.

1) What Twish Cart™ Is (Marketplace & Group-Buying Model)

1.1 Marketplace & Agent. Twish Cart™ is a marketplace and order facilitation service. We enable consumers (“Members”) to pool grocery and household purchases to access group pricing and coordinated fulfillment from independent third-party retailers, farms, distributors, wholesalers, and couriers (collectively, “Partners”). Unless expressly stated otherwise at checkout, Twish is not the seller of record for goods; title and risk in goods remain with the Partner until delivery is completed (see §8).

1.2 No Professional Advice. Product and nutrition information is provided by Partners and/or manufacturers. Twish does not guarantee accuracy or suitability for allergies, dietary, medical, or religious requirements. Always verify labels and consult professionals when needed.

1.3 Territory. The Platform is intended for use in Canada, with services currently focused on Ontario and Quebec (availability varies).

2) Eligibility, Accounts & Security

2.1 Age. You must be 18+ (or have verified parental/guardian consent) to use the Platform.

2.2 Accurate Info. You must provide accurate, current, and complete registration and delivery information and keep it updated.

2.3 Account Security. You’re responsible for all activity under your account and for safeguarding your credentials. Notify us immediately of suspected unauthorized use.

2.4 One Person, One Account. You may not sell, transfer, or share your account without our prior written consent.

2.5 Suspension/Termination. We may suspend or terminate accounts for suspected fraud, misuse, policy violations, non-payment, or legal risk (§14).

3) Ordering, Pricing, Fees & Group Thresholds

3.1 Group Orders. Orders are pooled by neighborhood, hub, time window, or cohort. Minimum participation thresholds and cut-off times apply. If thresholds are not met, we may delay, re-assign to a later cohort, split, or cancel and refund the affected portion.

3.2 Pricing & Availability. Displayed prices may include group discounts, dynamic pricing, weight-based estimates, deposits, environmental fees, service and delivery fees, and taxes. Prices and availability can change until checkout confirmation; substitutions may occur (§6).

3.3 Estimated Weights. For produce, meat, bulk, or variable-weight items, estimated line totals appear at checkout. The final charge reflects the actual weight measured by the Partner.

3.4 Authorizations & Final Charge. You authorize Twish and its payment processors to place a temporary authorization hold and to capture the final amount (including adjustments for weight, substitutions, taxes, deposits, delivery, and service fees).

3.5 Fees. Your order may include service fees, delivery fees, hub pick-up fees, and small-order fees when applicable. Fees are non-refundable unless we state otherwise.

3.6 Taxes. Applicable GST/HST/QST and other taxes are calculated at checkout based on delivery/pick-up location and item tax rules.

3.7 Tips. Tips are optional and go to the courier or hub staff where applicable; tips are non-refundable once fulfilled.

4) Payment, Promotions, Credits & Food Coins™

4.1 Payment Methods. We accept major cards and other methods shown at checkout. You must have the legal right to use the selected payment method.

4.2 Promos & Codes. Promotional codes, coupons, referral bonuses, and discounts are single-use, non-transferable, not redeemable for cash, and may be modified, limited, or revoked at any time for abuse or error.

4.3 Store Credits. Credits may be issued for customer service adjustments. Credits have no cash value, cannot be transferred, and may expire as indicated.

4.4 Food Coins™ Loyalty. Where offered, Food Coins are promotional loyalty points:

(a) no cash value; (b) not legal tender; (c) non-transferable; (d) may be earned/redeemed per posted rules; (e) subject to fraud monitoring; (f) expire after 24 months of inactivity; and (g) program can be changed or ended at any time with or without notice.

4.5 Chargebacks. Fraudulent or improper chargebacks may result in account termination and collection efforts.

5) Delivery, Pick-Up & Access

5.1 Windows & Estimates. Delivery and pick-up windows are estimates, subject to weather, traffic, supplier capacity, force majeure, and safety considerations.

5.2 Leave-at-Door/Unattended. If you select “leave-at-door” or otherwise authorize unattended delivery, risk passes upon drop-off; Twish is not liable for loss, theft, or spoilage after confirmed delivery.

5.3 Access Instructions. You must provide accurate, lawful building access instructions. Missed deliveries due to access issues or absence may incur re-delivery fees or result in cancellation without refund for perishables.

5.4 Age-Restricted Goods. If age-restricted products are offered (e.g., alcohol where lawful), valid government ID must be presented; refusal or failure to provide ID results in non-delivery and fees.

5.5 Temperature-Sensitive Goods. You are responsible for promptly refrigerating/freezing goods upon delivery.

6) Substitutions, Out-of-Stocks & Quality

6.1 Substitution Preferences. At checkout, you may choose: (a) allow substitutions, (b) “best match,” or (c) “no substitution.” If no preference is selected, we reserve the right to use reasonable substitutions of equal or greater value (price adjusted accordingly).

6.2 Out-of-Stocks. In the event of a shortage due supply issue, we reserve the right to substitute an equal value. Items may be cancelled or refunded if unavailable.

6.3 Allergens & Labels. Always check packaging. We do not guarantee that goods are allergen-free or meet specific dietary/medical needs.

6.4 Recalls. We may relay Partner/manufacturer recall notices, but do not control recall decisions.

7) Cancellations & Changes

7.1 Before Cut-Off. You can cancel or modify orders before the posted cut-off.

7.2 After Cut-Off. After the cut-off, orders are in process and generally non-cancellable. We may, at our discretion, offer limited adjustments for clear errors.

7.3 Failed Delivery. Failed deliveries due to inaccurate details, access issues, or absence may be non-refundable for perishables and may incur fees.

8) Title, Risk of Loss & Partner Responsibilities

8.1 Title & Risk. For goods sold by Partners, title and risk pass to you upon delivery (or upon pickup at a hub). For goods sold by Twish as the merchant of record (if indicated at checkout), title and risk pass per the same delivery/pick-up event.

8.2 Partner Responsibility. Partners are responsible for product quality, weights, pricing, and safety up to delivery/pick-up. Twish is not the manufacturer and does not guarantee product characteristics.

8.3 Third-Party Couriers. Deliveries may be performed by independent couriers. Twish is not liable for its acts/omissions, though we will assist in good faith to resolve issues.

9) Returns, Refunds & Claims (Perishables Policy)

9.1 Report Window. For delivery or pick-up orders, report missing, damaged, wrong, or spoiled items within 24 hours with photos and the order number.

9.2 Resolution. Remedies may include replacement, partial credit, or refund, at our sole discretion, considering item type (perishable vs. non-perishable), evidence provided, and logistics feasibility.

9.3 Abuse & Fraud. Excessive, unsubstantiated, or fraudulent claims may result in denied claims, account suspension, and recovery actions.

9.4 Non-Returnable. Perishables and temperature-sensitive items are generally non-returnable.

10) Acceptable Use & Prohibited Conduct

You agree not to:

(a) use the Platform for unlawful, deceptive, harmful, harassing, or infringing conduct;

(b) copy, reverse-engineer, or scrape the Platform;

(d) submit false orders, misuse promos, or manipulate group thresholds;

(e) upload malware, spam, or defamatory/obscene content;

(f) infringe rights of others (privacy, IP, publicity);

(g) interfere with networks or impose an unreasonable load.

11) Communications, SMS/Email & CASL Consent

By providing contact information, you consent to receive transactional, service, and marketing communications (email, SMS, in-app), subject to Canada’s Anti-Spam Legislation (CASL). You may opt out of marketing messages at any time. Transactional/service communications related to your account or orders are essential and may continue.

12) Intellectual Property & User Content

12.1 Our IP. The Platform, logos, trademarks, software, designs, content, and data are owned by Twish or its licensors and protected by copyright and trademark laws.

12.2 Limited License. We grant you a personal, non-exclusive, revocable license to use the Platform for lawful, personal purposes.

12.3 User Content License. If you submit reviews, photos, or feedback, you grant Twish a worldwide, royalty-free, sublicensable license to host, display, reproduce, modify, and use such content for Platform operation and promotion. You represent you own or have the rights to the content you submit.

13) Privacy & Data Protection (PIPEDA)

Your use is governed by our Privacy Policy, which explains how we collect, use, disclose, store, and secure personal information under PIPEDA and applicable provincial laws. By using the Platform, you consent to the data practices described therein.

14) Suspension, Termination & Survival

We may suspend or terminate access at any time for violations, suspected fraud, non-payment, legal risk, or harm to others. Upon termination:

(a) the license in §12.2 ends;

(b) your obligations and our rights under §§4, 5, 8–11, 13–21 survive;

15) Warranties, Disclaimers & Limitation of Liability

15.1 AS-IS. The Platform and services are provided “as is” and “as available.” We disclaim all warranties, express or implied (merchantability, fitness, non-infringement, accuracy, and availability).

15.2 Service Interruptions. We do not guarantee uninterrupted access, error-free operation, or that defects will be corrected.

15.3 Liability Cap. To the fullest extent permitted by law, Twish’s aggregate liability for any claim arising out of or relating to the Platform shall not exceed the greater of (a) CAD $100 or (b) the total service fees you paid to Twish in the six (6) months preceding the event giving rise to the claim.

15.4 Exclusions. Twish is not liable for indirect, incidental, special, punitive, or consequential damages; loss of profits, data, goodwill; personal choices about consumption, allergens, or storage; acts/omissions of Partners or couriers; or events beyond our control (force majeure).

15.5 Consumer Rights Preserved. Nothing in these Terms limits non-waivable consumer rights under applicable law.

16) Indemnity

You agree to defend, indemnify, and hold harmless Twish, its affiliates, officers, employees, and agents from claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform, (b) your breach of these Terms or laws, (c) your content, (d) claims involving your instructions for delivery/access, or (e) your fraud or willful misconduct.

17) Dispute Resolution (Ontario Consumers)

17.1 Good-Faith Process. Contact support to attempt good-faith resolution.

17.2 Arbitration Optional. If unresolved, disputes may be referred to confidential arbitration in Ontario under the Arbitration Act, 1991 (ON) by mutual agreement. Nothing restricts your rights under the Ontario Consumer Protection Act, 2002 to pursue court remedies where applicable.

17.3 No Jury Trial/No Class if Lawfully Waivable. To the extent permitted by law, the parties waive jury trial and class proceedings; where such waivers are not enforceable, they shall be severed without affecting the rest of the Terms.

18) Modifications

We may update these Terms from time to time. Material changes will be posted to the Platform with a new “Last Updated” date and, where required, notified by email or in-app. Your continued use after changes constitutes acceptance.

19) Assignment

We may assign or transfer these Terms (in whole or in part) without notice in connection with a merger, acquisition, corporate reorganization, or sale of assets. You may not assign your rights without our prior written consent.

20) Force Majeure

We are not liable for delay or failure to perform due to events beyond our reasonable control, including acts of God, weather, labour disputes, pandemics, supply chain disruptions, transport failures, or government actions.

21) General Terms

21.1 Governing Law & Venue. These Terms are governed by the laws of Ontario and the federal laws of Canada applicable therein. The venue lies in the courts of Ontario unless otherwise required by consumer law.

21.2 Severability. If any provision is invalid or unenforceable, it will be severed and the remainder enforced.

21.3 Entire Agreement. These Terms, the Privacy Policy, Refund & Returns Policy, and applicable offer terms are the entire agreement between you and Twish regarding the Platform.

21.4 Notices. Legal notices to Twish: contact@twishcart.com and Twish Technologies Inc., 24A Main Street, Alexandria, Ontario, Canada. We may provide notices via email, in-app messages, or on the Platform.

22) Contact

Customer Support: contact@twishcart.com

Privacy/Data Protection Officer: privacy@twishcart.com

23) Membership (“Twish Together+”)

23.1 Overview. Twish Together+ (“Membership”) is an optional, paid subscription that may include benefits such as free delivery over a minimum cart value, reduced service fees, priority support, and select promotions. Benefit details, geographic availability, and thresholds are posted at sign-up and may vary by region and time.

23.2 Eligibility & Account. Membership is tied to a single customer account and is non-transferable. Twish may verify residence/region eligibility and limit concurrent usage.

23.3 Fees, Billing & Auto-Renewal. By enrolling, you authorize recurring charges (monthly or annual, as selected) to your saved payment method until you cancel. You acknowledge and consent to auto-renewal at the then-current price, unless you cancel before your renewal date. Taxes apply. We may update pricing or benefits with notice where required by law.

23.4 Free Trials & Intro Offers. Trial length and eligibility vary. Converting to a paid plan occurs automatically at the end of the trial unless you cancel before conversion. One trial per person/household unless we state otherwise.

23.5 Cancellation. You may cancel at any time from Account → Membership. Cancellations take effect at the end of the current term; no pro-rata refunds are provided for partial periods unless required by law.

23.6 Fair Use. We may limit or revoke benefits for suspected abuse (e.g., excessive order cancellations, promo manipulation, resale/redistribution, multi-account misconduct) or for safety/legal risk.

23.7 Delivery Thresholds. Where advertised “free delivery” applies, it is subject to minimum cart values (posted at checkout), service fees, small-order fees (if applicable), taxes, fuel surcharges, and geographic constraints. Free delivery does not include tips.

23.8 Changes & Termination. We may modify, suspend, or discontinue Membership benefits or the program, with notice where required. If we discontinue the program during a paid term, we will provide a pro-rata refund of your unused term.

24) Gift Cards & E-Wallet / Stored Value

24.1 Definitions. “Gift Cards” include physical or digital prepaid value instruments issued by Twish; “E-Wallet” or “Stored Value” means the in-account balance you hold with Twish (including credits/adjustments we issue).

24.2 Purchase & Redemption. Gift Cards and E-Wallet balances may be used only for eligible purchases on the Platform in Canada. They cannot be redeemed for cash, resold, or transferred, except as required by law.

24.3 No Expiry / Fees. Where required by Canadian consumer law, Gift Cards used for general merchandise do not expire and carry no inactivity fees. If an expiry or fee is permitted by law (e.g., for specific-purpose cards), it will be clearly disclosed at purchase.

24.4 Loss, Theft, Fraud. Treat Gift Cards and E-Wallet like cash. Lost, stolen, or misused balances will not be replaced except where required by law or at our sole discretion, upon proof of purchase and available balance. Twish may freeze or void balances for suspected fraud, money laundering, or abuse.

24.5 No Interest; Not a Bank Account. Stored value is not interest-bearing, is not insured, and Twish is not a financial institution. Balances are a prepayment for goods/services on the Platform only.

24.6 Refunds to Payment Method vs. Stored Value. Refunds and goodwill adjustments may be returned as Store Credit (E-Wallet) or to the original method of payment, at our discretion and consistent with law and card network rules.

24.7 KYC & Limits. For fraud prevention, we may require identity verification and may cap load/redemption limits or restrict transfers.

25) Hubs & Pick-Up Location Rules

25.1 Check-In Window. Pick-up orders must be collected within the designated window displayed at checkout or in your order confirmation (e.g., within 2 hours of “Ready for Pickup” notification, unless otherwise stated).

25.2 Storage & Temperature Control. Hubs maintain reasonable storage practices; however, risk of loss passes at the earlier of: (a) handoff to you/your agent, or (b) expiry of the pick-up window. After the window, refrigeration/freezer capacity may no longer be guaranteed.

25.3 Forfeiture & Disposal. Orders not collected within the window may be forfeited, disposed of, or donated for food safety reasons. No refunds are provided for forfeited perishables, except where required by law.

25.4 ID & Access. Present a valid ID and order confirmation. For age-restricted goods, government ID is required; refusal or failure to present ID results in no handoff and may incur fees.

25.5 Agent Collection. You may authorize an agent (family/friend/courier) to collect your order; their receipt of goods constitutes your receipt.

25.6 Damage After Handoff. Twish is not liable for spoilage or damage after handoff or due to late collection.

25.7 Hub Conduct & Safety. Follow on-site rules and staff instructions. We may refuse service to any person who threatens staff safety, violates the law, or disrupts operations.

26) Partner Program Snapshot (for Grocers, Farms, Retailers, Distributors)

26.1 Role & Merchant of Record. Unless expressly stated otherwise, the Partner is the seller of record; Twish is the marketplace facilitator/agent.

26.2 Catalog & Compliance. Partner provides accurate product data (names, images, prices, taxes, weight ranges, allergens, regulatory notices) and complies with Canadian food, labeling, and consumer laws.

26.3 Pricing & Promotions. Partner sets base prices and participates in Twish group pricing and promotions per posted rules. Price parity and MAP policies (if any) must be disclosed.

26.4 Inventory & Substitutions. Partner updates inventory and follows substitution preferences and quality standards. Out-of-stocks are minimized; weight-based items are accurately measured.

26.5 Fulfillment Standards. Partner meets cut-off times, prepares orders securely, and maintains the cold chain. Packaging must be clean, tamper-evident where applicable, and compliant with health codes.

26.6 Recalls & Food Safety. Partner promptly notifies Twish of recalls/withdrawals and cooperates on customer notices and remediation.

26.7 Payments, Fees & Chargebacks. Twish remits settlements less platform and service fees, per the Partner Agreement. Partner cooperates in investigating disputes/chargebacks.

26.8 Insurance & Indemnity. Partner maintains commercial general liability and product liability insurance with limits specified in the Partner Agreement and indemnifies Twish for claims arising from Partner products, conduct, or regulatory breaches.

26.9 Data & Privacy. Each party complies with privacy laws. Twish shares only necessary data to fulfill orders and improve service, per the Partner Agreement.

26.10 Brand & IP. Use of either party’s trademarks requires prior written consent and must follow brand guidelines.

26.11 Audits & Termination. Twish may audit service levels/quality. Either party may terminate for cause or convenience as set out in the Partner Agreement.

27) Accessibility Statement (AODA Alignment)

27.1 Commitment. Twish Cart™ is committed to accessible customer service and digital accessibility in accordance with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and the Integrated Accessibility Standards Regulation (IASR).

27.2 Digital Accessibility. We strive to make our website and mobile apps conform to WCAG 2.1 Level AA standards. If you encounter a barrier, contact us (see §22) to request an accessible format or communication support.

27.3 Customer Service Standard. We provide goods and services in a manner that respects the dignity and independence of persons with disabilities, including allowing support persons and service animals in permitted areas and providing notice of temporary disruptions.

27.4 Feedback. We welcome accessibility feedback by email, phone, or in-app. Upon request, we will provide or arrange accessible formats and communication supports in a timely manner, at no additional cost.

27.5 Employment & Training. We are committed to accessible employment practices and to training our staff on AODA requirements, human rights principles, and accessible customer service.

27.6 Multi-Year Accessibility Plan. Our plan (and annual status updates) will be available on the Platform and in accessible formats upon request.

Twish Cart™ Together, we save more.