Seller Terms

To sell on Dish.ly you must be at least 18, be located in Ontario, be legally able to run a business in Canada, and give us accurate information about yourself and your kitchen. One person or business owns each store and is responsible for everything done through it.

You sell under your own name or business name. You are an independent business, not an employee, agent, partner or franchisee of Dish.ly.

You alone are responsible for the food you sell and for following every rule that applies to your kitchen. That includes Ontario's Food Premises Regulation under the Health Protection and Promotion Act, the requirements of your local public health unit, and any municipal licensing or zoning rules.

In particular, if you cook from a home kitchen, Ontario limits what you may sell. Home-based food businesses are generally exempt from certain requirements only when they sell low-risk foods (for example most breads, cookies, cakes without cream or custard fillings, jams, granola and similar foods that do not need refrigeration). Foods that need time and temperature control, such as most prepared meals, meat, dairy-based dishes and cooked rice, are subject to the full requirements for food premises, which can include notifying your public health unit, inspections and food handler training. It is up to you to find out which rules apply to what you sell and to follow them. Your public health unit can tell you.

• Prepare, store, package, label and transport food safely.
• Hold whatever notifications, inspections, certificates, licences and insurance your business requires.
• Deal with any complaint, illness report, recall or public health inquiry about your food, and tell us promptly if one involves a Dish.ly order.

Dish.ly does not inspect, approve or certify your kitchen or your food, and nothing on Dish.ly is legal or food safety advice.

When you sign up, you confirm the following statement, and we record it with the date, time, your account and the version of the wording:

"I confirm that I follow the food safety rules that apply to my kitchen, including the limits on what a home kitchen may sell, and that I alone am responsible for the food I sell."

We rely on this confirmation in offering you the service. It stays true for as long as you sell on Dish.ly: if it stops being true, you must stop taking orders. We may share the record with a public health unit or other authority if we are required to, or if there is a safety concern about your food.

Your menu is your own statement to customers. Whether you type it in or our menu agent builds a draft from your photos and files, you must review it and you are responsible for what is published.

• Names, descriptions, photos, portions and prices must be accurate. Photos must be of your own food, and you must have the right to use them.
• List the priority allergens each dish contains and answer customers' allergy questions truthfully. Never describe a dish as free of an allergen unless you are certain.
• Only take orders you can fulfil. Keep your cooking days, cut-off times, windows, quantities and delivery area up to date.
• Do not sell alcohol, cannabis, tobacco or anything else you are not legally allowed to sell.

There is no monthly fee and no fee to sign up.

• Credit card processing fee: 2.9% + $0.30 per card order. This is calculated on the full amount charged to the customer's card for the order: the food, any delivery charge and the customer's $2.00 service fee. It covers card processing. It is deducted from your payout.
• Customer service fee: $2.00 per order. Dish.ly charges this to the customer on every order placed through your order page. It is Dish.ly's fee, not part of your earnings.
• e-Transfer orders: you pay no percentage fee. Because the customer sends the whole total, including the $2.00 service fee, straight to you, you owe that $2.00 to Dish.ly (see the next section).
• Orders you enter by hand (for example a phone order that was already paid) carry no fee.
• Courier delivery is charged to the customer at the courier's price and is not part of your earnings.

Example: on a $38.00 pickup order paid by card, the customer pays $40.00. Your credit card processing fee is $1.46 (2.9% of $40.00 is $1.16, plus $0.30). You receive $36.54.

If we change our fees we will email you at least 30 days before the change takes effect.

Card orders. Dish.ly collects card payments from your customers on your behalf, through Stripe. You appoint Dish.ly as your agent for the limited purpose of receiving these payments; when a customer pays Dish.ly for your order, they have paid you.

Weekly payout. Every Monday we pay you by Interac e-Transfer for orders completed up to the end of Sunday: what you earned, minus credit card processing fees, minus anything you owe us. You give us an email address for the e-Transfer (we recommend turning on Autodeposit at your bank so it arrives without any action from you) or bank account details. You are responsible for giving us correct payout details; changing them requires a code sent to your email. If Monday is a holiday or a payment fails, the payout may arrive later. A balance of zero or less is carried forward.

e-Transfer orders. If you accept Interac e-Transfer, the customer pays you directly and you confirm in Dish.ly when the money arrives. Dish.ly never handles that money. For each of these orders you owe Dish.ly the $2.00 service fee the customer paid you, and we deduct it from your weekly payout.

The $25 limit. If the amount you owe Dish.ly is more than $25.00, the e-Transfer option on your order page is switched off automatically until the balance is cleared, either by card payouts or by paying us. You must pay any amount owed within 30 days of our request.

The Refunds and cancellations policy shown to customers applies to every order you take. In summary:

• Customers can cancel free of charge until the cut-off of their cooking day and are refunded in full.
• You can cancel any order before it is completed. The customer is then refunded in full, including the service fee. Cancel only when you must: repeated cancellations harm customers and may lead to suspension.
• Card refunds are sent by Dish.ly to the customer's card. If you have already been paid for that order, the amount is deducted from a future payout.
• e-Transfer orders: you must refund the customer yourself, directly and promptly, for the full amount they sent you.

Chargebacks. If a customer disputes a card payment with their bank, we will ask you for information and respond where we can. If the dispute is lost, or the order was not provided as described, the disputed amount and any dispute fee charged by the card network are yours to bear and may be deducted from future payouts.

Adjustments. We may deduct from payouts, or ask you to repay, amounts for refunds, chargebacks, fees owed, payments made to you in error, and courier costs caused by you (see below). We will show every adjustment in your payout history. If your balance is negative and no payouts are expected, you must pay the amount owed when we ask.

If you turn on courier delivery, a courier is booked through Uber Direct when you mark the order ready. Your kitchen address is shared with the courier service so the driver can collect the order. The customer pays the courier price, by card, at checkout.

• Mark an order ready only when it is packed and ready to hand over. Package food so it travels safely, and seal it.
• Be available to hand the order to the driver. Waiting-time or return charges caused by an order that was not ready may be passed on to you.
• If a delivery fails (no driver available, the driver cannot reach the customer, or the delivery is cancelled), we will tell you. You can then deliver the order yourself, arrange pickup with the customer, or cancel and refund it.
• Couriers are independent third parties. Dish.ly is not responsible for their conduct, for delays, or for the condition of food after hand-over, but will help you raise a problem with the courier service.

Dish.ly shows you your customers' names, contact details, delivery addresses and order history so that you can fulfil their orders. This is personal information and you must handle it lawfully.

• Use customer information only to fulfil and support their orders and, where they have agreed, to send them your menu emails through Dish.ly.
• Do not sell or share it, add it to other mailing lists, or contact customers for unrelated purposes. Do not visit or share a customer's address for anything other than their delivery.
• Keep it secure, and tell us right away if you believe it has been lost or accessed by someone else.

Marketing email and CASL. Canada's Anti-Spam Legislation applies to promotional messages. Dish.ly sends menu announcements only to customers who have opted in to hear from you, identifies you as the sender, and includes an unsubscribe link in every message. Unsubscribes take effect immediately and you must respect them. If you add a customer by hand, you confirm that you have their consent and can show how and when you got it. You are the sender of your announcements and are responsible for their content, which must be truthful and about your food business.

You are responsible for your own taxes. That includes working out whether you must register for and charge HST, building any tax into your prices, and reporting your income. Dish.ly does not calculate, collect or remit sales tax on your sales and does not add a tax line at checkout. Your payout history shows your sales and fees to help with your records. We may report information about your payouts to tax authorities where the law requires it. Ask an accountant if you are unsure.

You can pause orders at any time, and you can close your store from Settings once every order in progress is finished or cancelled. Closing takes your order page down. Money you are owed is paid on the next payout date, and amounts you owe remain payable.

We may pause or suspend your store, hold payouts for a reasonable period, or end this agreement if we reasonably believe that: food you sold made someone ill or is unsafe; your food safety confirmation is untrue; you have broken these terms or the law; there is fraud, an unusual number of refunds or chargebacks, or a risk of loss to customers or to Dish.ly; or a public authority requires it. Where we can, we will tell you why and give you a chance to fix the problem. We may also end the agreement for any reason with 30 days' notice.

After closing, we keep order and payment records for as long as the law requires (see the Privacy Policy).

You are responsible for claims, fines, losses and costs that arise from your food, your menu and allergen information, your deliveries, your use of customer data, your taxes, or your breach of these terms or the law, and you agree to compensate Dish.ly if such a claim is made against us.

Dish.ly provides the service "as is". We do not promise that it will always be available or error-free, or that you will receive any number of orders. To the extent the law allows, Dish.ly is not liable for lost profits or indirect losses, and our total liability to you in any 12-month period is limited to the fees you paid Dish.ly in that period. Nothing limits our obligation to pay you money we have collected for you, less the amounts these terms let us deduct.

We strongly recommend that you carry liability insurance suited to a food business.

We may update these terms. We will email you about significant changes at least 30 days before they take effect; if you keep selling after that date, you accept them. If you do not agree, you can close your store.

These Seller Terms sit alongside the Terms of Use and the Privacy Policy. They are governed by the laws of Ontario and the federal laws of Canada that apply there, and disputes will be heard by the courts of Ontario.

Contact: info@dish.ly, or [LEGAL NAME], [MAILING ADDRESS].