STORE / MERCHANT TERMS AND CONDITIONS - Updated June 1 2026
These Store / Merchant Terms and Conditions (the “Merchant Terms”) govern the access to and use of the RushSavor platform by restaurants, bakeries, cafés, and other food retailers (each, a “Merchant”).
By creating an account, listing offers, or otherwise using the RushSavor platform, the Merchant acknowledges and agrees to be bound by these Merchant Terms.
These Store Terms & Conditions do not apply to merchants located in the Province of Québec.
1. DEFINITIONS
- “RushSavor”, “we”, “us”, or “our” means RushSavor Incorporated., a corporation incorporated under the laws of the Province of Ontario, Canada.
- “Platform” means the RushSavor mobile application, website, and related services.
- “Deal” means a time-limited food offer listed by a Merchant on the Platform.
- “Customer” or “User” means an end user purchasing a Deal.
- “Pickup Window” means the time range selected by the Merchant for order pickup.
- “Commission” means the fee retained by RushSavor for facilitating transactions.
2. ROLE OF RUSHSAVOR (PLATFORM DISCLAIMER)
RushSavor is a technology platform only.
- RushSavor does not prepare, cook, package, store, transport, or deliver food.
- RushSavor does not control food quality, portion size, ingredients, allergens, or compliance with health regulations.
- Merchants act as independent businesses, not agents, partners, or employees of RushSavor.
The Merchant remains solely responsible for its food products, operations, and compliance with all applicable laws.
3. MERCHANT ELIGIBILITY AND ACCOUNT SETUP
To use the Platform, the Merchant must:
- Be a legally registered business
- Hold all required food service licenses and permits
- Comply with applicable food safety and health regulations
- Provide accurate and complete business information
- Maintain a valid bank account for remittance of funds
RushSavor may request documentation at any time to verify eligibility.
4. DEAL CREATION AND REQUIREMENTS
4.1 Same-Day or next day Deals Only
All Deals must be for same-day or next day pickup onlyand must include:
- Accurate description of the food items
- Applicable category (e.g., pastries, main dish, vegetarian, dessert, drink)
- Quantity available
- Pickup location
- Pickup Window
- Expiration time
4.2 Minimum Discount Requirement
All Deals must represent a genuine discount of at least twenty-five percent (25%) off the Merchant’s regular retail price.
Misleading pricing, inflated reference prices, or artificial discounts are strictly prohibited.
4.3 Quantity & Expiry
Deals automatically expire when:
- The listed quantity has been sold, or
- The expiration time or Pickup Window has passed
Whichever occurs first.
5. MERCHANT SERVICE OBLIGATIONS
The Merchant agrees to:
- Honor all confirmed purchases
- Prepare food consistent with the Deal description
- Have food ready during the Pickup Window
- Provide a reasonable and safe pickup experience
- Treat RushSavor Customers with the same care as regular customers
Once a Deal is purchased, the Merchant may not refuse fulfillment.
5.1 STAFF MEMBERS AND SUB-ACCOUNTS
The Merchant may grant access to the Platform to employees or staff members (“Staff Members”) through the Merchant’s account. Staff Members operate as sub-accounts under the Merchant’s account and are not required to separately accept these Merchant Terms. The Merchant is solely responsible for:
- Ensuring that all Staff Members are aware of and comply with these Merchant Terms;
- Any action taken by a Staff Member through the Merchant’s account, which shall be deemed an action of the Merchant for all purposes under these Terms; and
- Managing and revoking Staff Member access promptly upon any change in employment or role.
RushSavor shall not be liable for any unauthorized access or actions resulting from the Merchant’s failure to manage Staff Member credentials appropriately.
5.2 Employee Access Management and Platform Security
The Merchant is solely responsible for ensuring that access credentials to the RushSavor Platform are maintained accurately and kept current at all times. This obligation includes, without limitation: promptly revoking platform access upon the termination, resignation, or change in role of any employee, agent, or authorized representative; implementing adequate internal security protocols to prevent unauthorized access by former personnel; and ensuring that no individual whose employment or authorization has ended retains active access to the Platform. RushSavor bears no liability of any kind — including for financial loss, reputational harm, defamatory or misleading conduct, fraudulent activity, manipulation of ratings or reviews, or any other damage — arising from the actions of any current or former employee, agent, or representative of the Merchant who accesses or misuses the Platform, where such access results from the Merchant’s failure to revoke or secure credentials, a breach of the Merchant’s internal security protocols, or any other cause within the Merchant’s reasonable control. The Merchant agrees to indemnify, defend, and hold harmless RushSavor, its officers, directors, and employees from any and all claims, damages, costs, and expenses arising from such unauthorized or malicious use of the Platform by any person associated or formerly associated with the Merchant.
6. NO CANCELLATION BY MERCHANT
6.1 “CONFIRMED” STATUS – TRIGGER AND DEFINITION
A Deal is automatically assigned the status “Confirmed” at the moment a Customer’s payment is successfully processed by the Platform’s payment processor. No manual acceptance by the Merchant is required or permitted. By posting a Deal on the Platform, the Merchant irrevocably pre-authorizes fulfillment of any resulting confirmed purchase. All Deals are final and binding from the moment of Confirmation.
6.2 NO CANCELLATION BY MERCHANT
Merchants may not cancel, withdraw, modify, or substitute a Deal after it has been Confirmed. Posting a Deal constitutes a binding commitment to fulfill it.
6.3 NARROW EXCEPTION – MERCHANT-INITIATED CANCELLATION
Notwithstanding Section 6.2, a Merchant may request cancellation of a Confirmed Deal only where all of the following conditions are met:
a) The cancellation request is submitted within thirty (30) minutes of the Confirmation;
b) The Pickup Window has not yet commenced; and
c) The cancellation is due to a documented, unforeseen operational circumstance (e.g., sudden kitchen closure, equipment failure, or complete ingredient unavailability).
Cancellations due to running out of stock that was available at the time of posting are not considered valid grounds and will be treated as a failure to fulfill.
6.4 CONSEQUENCES OF MERCHANT-SIDE CANCELLATION OR FAILURE TO FULFILL
Any cancellation or failure to fulfill a Confirmed Deal that is attributable to the Merchant’s operations, regardless of whether it falls within the narrow exception of Section 6.3, shall result in all of the following consequences:
a) Full Refund to Customer:The Merchant shall be responsible for the full purchase amount refunded to the Customer.
b) Payment Processing Penalty:The Merchant shall bear a payment processing penalty of five percent (5%) of the total transaction value, reflecting the non-refundable Stripe processing fees and associated administrative costs incurred by RushSavor as a result of the cancellation. This amount will be deducted from the Merchant’s next remittance or invoiced separately.
c) Compliance Notice: A compliance notice shall be recorded against the Merchant’s account. Repeated cancellations (three or more within any rolling ninety (90)-day period) may result in temporary suspension or permanent removal from the Platform at RushSavor’s sole discretion.
7. FAKE, MISLEADING, OR BAD-FAITH DEALS
7.1 Prohibited Conduct
Merchants may not:
- Advertise fake or misleading discounts
- Provide materially different food than described
- Reduce portion sizes in bad faith
- List food that is not actually available
7.2 Enforcement
RushSavor may investigate suspected violations using:
- Customer ratings and reviews
- Transaction data
- Photographic or written evidence
- Direct verification
7.3 Removal from Platform
RushSavor may suspend or permanently remove a Merchant at its sole discretion for:
- Repeated misleading Deals
- Consistently low ratings
- Fraudulent conduct
- Breach of these Merchant Terms
Removal may occur without prior notice in cases of serious misconduct.
8. RATINGS AND QUALITY MONITORING
Customers may rate:
- Food freshness
- Accuracy of the offer
- Pickup experience
- Overall satisfaction
RushSavor may use ratings to:
- Monitor service quality
- Suspend or remove Merchants
- Improve platform integrity
9. PAYMENTS, COMMISSION, AND REMITTANCE
9.1 Payment Processing
All payments are processed via third-party payment processors (e.g., Stripe).
9.2 Commission
RushSavor retains a Commission on each completed transaction, currently:
- 10% of the transaction
Applicable payment processing fees are deducted from this commission.
Currency determined by merchant location.
9.3 Remittance
Net proceeds are remitted to the Merchant’s designated bank account according to the selected payout schedule.
10. REFUNDS AND DISPUTES (MERCHANT SIDE)
RushSavor may issue refunds to Customers if:
- The Merchant is closed during pickup
- The Deal cannot be fulfilled
- Fraud or platform error occurs
- The refund are subject to applicable law
Merchants agree to cooperate in good faith with investigations. The merchant is responsible for the full amount refund to the consumer and the payment of the transaction processing fee.
11. TAXES
12.1 United States Merchants
Merchants located in the United States acknowledge and agree that they are solely responsible for determining, collecting, reporting, and remitting any and all applicable federal, state, and local taxes arising from transactions completed through the RushSavor Platform, including but not limited to sales tax, use tax, and similar transactional taxes.
RushSavor does not determine the taxability of any Deal, does not provide tax advice, and does not assume any responsibility or liability for a Merchant’s tax compliance obligations.
12.2 Canadian Merchants
Merchants located in Canada acknowledge and agree that they are solely responsible for determining, collecting, reporting, and remitting any applicable taxes arising from transactions completed through the RushSavor Platform, including but not limited to:
- Goods and Services Tax (GST)
- Harmonized Sales Tax (HST)
- Provincial Sales Tax (PST), where applicable
The Merchant is responsible for compliance with all requirements of the Canada Revenue Agency and applicable provincial tax authorities.
RushSavor does not provide tax advice and shall not be responsible for a Merchant’s tax reporting, remittance, or compliance obligations.
12. LIABILITY AND INDEMNIFICATION
12.1 Limitation of Liability
To the maximum extent permitted by applicable law:
RushSavor shall not be liable for:
- Food quality or safety
- Allergens or dietary issues
- Illness or injury related to food consumption
- Acts or omissions of Merchants or Customers
12.2 Indemnification
The Merchant agrees to indemnify and hold harmless RushSavor from any claims arising from:
- Food safety violations
- Misrepresentation of Deals
- Health or regulatory violations
- Customer claims related to food
13. SUSPENSION AND TERMINATION
RushSavor may suspend or terminate Merchant access:
- For breach of these Terms
- For fraudulent or deceptive conduct
- For persistent low ratings
- For legal or regulatory concerns
Termination does not relieve the Merchant of outstanding obligations.
14. DATA AND PRIVACY
Merchants acknowledge that:
- Transaction data may be collected for platform operation
- Data may be shared with payment processors
- Personal data is handled in accordance with the Privacy Policy
15. GOVERNING LAW AND JURISDICTION
- For U.S. Merchants: governed by the laws of the Province of Ontario and the federal laws of Canada
- For Canadian Merchants (including Ontario): governed by the laws of Ontario, Canada, with federal laws of Canada applicable
RushSavor may elect arbitration where permitted.
16. RELATIONSHIP TO MERCHANT PARTNERSHIP AGREEMENT
These Store Terms and Conditions govern the general use of the RushSavor Platform by Merchants.
If the Merchant has entered into a separate Merchant Partnership Agreement with RushSavor, including but not limited to a Pilot Agreement or a Production Merchant Agreement, such Merchant Partnership Agreement shall prevail in the event of any conflict, inconsistency, or ambiguity between the two documents.
Nothing in these Store Terms and Conditions shall be construed to modify or limit the rights or obligations set forth in a duly executed Merchant Partnership Agreement.
17. MISCELLANEOUS
17.1 Entire Agreement
These Store Terms and Conditions constitute the entire agreement between the Merchant and RushSavor with respect to the subject matter herein and supersede all prior or contemporaneous understandings, communications, or agreements, whether written or oral, relating to such subject matter, except as expressly supplemented or superseded by a Merchant Partnership Agreement.
17.2 Severability
If any provision of these Store Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
17.3 Electronic Acceptance and Signatures
The Merchant agrees that acceptance of these Store Terms and Conditions by electronic means, including but not limited to clicking an “I Agree” button, creating an account, or continuing to access or use the RushSavor Platform, constitutes a valid and binding agreement, equivalent to a handwritten signature.
Electronic records of acceptance shall be admissible in any legal proceeding to the same extent as original written records.
17.4 Updates to Terms
RushSavor may update these Store Terms and Conditions from time to time. Continued use of the Platform following the effective date of any update constitutes acceptance of the revised terms.
18. CONTACT INFORMATION
For questions or disputes, contact:
legal@rushsavor.com
RushSavor Incorporated
1554 Carling Avenue, Suite #M436,
Ottawa, ON
K1Z 7M4
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