SERVICE AGREEMENT
SERVICE AGREEMENT v.1
Last updated: February 1, 2026
This service agreement (the “Agreement”) is entered into and becomes effective on the date and time of its electronic acceptance by the Seller via the Cuisinous platform.
BETWEEN: 9534-9072 Québec INC., a corporation legally incorporated under the Business Corporations Act, having its head office at 401-5131, place Leblanc, in the city of Sainte-Catherine, Province of Quebec, J5C 1G6;
(Hereinafter referred to as “Cuisinous“)
AND: Any natural or legal person who has created a seller account on the Cuisinous platform and has accepted this Agreement electronically, whose identity, contact details, and relevant information are those provided during the creation of the seller account;
(Hereinafter referred to as the “Seller“)
(Cuisinous and the Seller hereinafter collectively referred to as the “Parties“)
PREAMBLE
By electronically accepting this Agreement, the Seller acknowledges having carefully read, understood, and unreservedly accepted all of its terms, as well as any related document, policy, or condition, where applicable.
The Seller acknowledges that Cuisinous acts solely as a technological connection platform, that it does not engage in any activity of preparation, manufacturing, processing, preservation, inspection, or delivery of food, and that it assumes no liability regarding the food products offered by the Seller.
The Seller also acknowledges acting independently, as a self-employed worker, and assumes full responsibility for their activities, products, operations, and legal obligations.
PURPOSE
Cuisinous operates a technological platform that facilitates connection between Sellers of food products and Customers.
Cuisinous does not engage in any activity of preparation, manufacturing, processing, preservation, inspection, or delivery of food, and is in no way a restaurateur, employer, agent, or representative of the Seller.
This Agreement defines the rights and obligations of the Seller and Cuisinous for the use of the platform.
INDEPENDENT SELLER STATUS
The Seller acts as a self-employed worker and operates their business independently.
Nothing in this Agreement shall be construed as creating an employment, mandate, partnership, joint venture, or agency relationship between the Seller and Cuisinous.
The Seller assumes all risks and responsibilities related to their activity, including applicable tax, social, and regulatory obligations.
SELLER’S OBLIGATIONS
The Seller is exclusively and entirely responsible for the following, without limitation:
- food safety, hygiene, and food security;
- quality, labeling, composition, and allergen disclosure;
- their preparation, storage, and distribution methods;
- obtaining and maintaining required permits, licenses, and certifications, including those issued by the Ministry of Agriculture, Fisheries and Food of Quebec (“MAPAQ”);
- compliance with all applicable laws and regulations;
- the truthfulness and accuracy of the information provided to Cuisinous;
- respect for intellectual property rights and the prohibition of selling counterfeit, illegal products, or products that violate third-party rights.
Cuisinous does not verify, inspect, or certify the Seller’s activities, kitchen, products, operations, permits, or insurance. The Seller agrees to immediately inform Cuisinous of any modification, suspension, or revocation of their permits, certifications, or any information likely to impact food safety, legal compliance, or the execution of this Agreement.
SELLER’S REPRESENTATIONS AND WARRANTIES
The Seller represents and warrants in particular that they:
- hold all permits and certifications required for their activities and that they are valid and up to date;
- comply with all applicable laws, regulations, and standards;
- assume full responsibility for their products and operations;
- agree to indemnify and hold harmless Cuisinous, its directors, officers, and partners from any claim, fine, damage, or action arising from the Seller’s non-compliance;
- acknowledge that providing false, misleading, or outdated information constitutes a material breach of the Agreement and may result in the immediate suspension or termination of the account;
- hold and maintain, at their own expense, for the entire duration of the Agreement, adequate civil liability insurance covering their activities, products, and any bodily, material, or financial damage that may arise therefrom.
The Seller expressly acknowledges and agrees that Cuisinous does not require, verify, validate, or retain any proof of the Seller’s insurance, and that the absence, insufficiency, invalidity, or non-compliance of the Seller’s insurance shall in no way engage the liability of Cuisinous. To this end, the Seller expressly releases Cuisinous from any liability, claim, or obligation arising from the Seller’s failure to hold or maintain adequate insurance.
The Seller acknowledges being entirely responsible for food safety, hygiene, accuracy of ingredients, disclosure of allergens, risks of cross-contamination, and any consequences arising from the consumption of the food they sell via Cuisinous.
FEES AND NON-CIRCUMVENTION
The Seller agrees to pay all applicable fees related to the use of the platform. The Seller is prohibited from circumventing the platform to conduct direct transactions with Customers obtained through Cuisinous. Any violation authorizes Cuisinous to immediately suspend or terminate the Seller’s account and seek legal remedies.
PAYMENT TERMS
All payments made by Customers as well as payouts due to the Seller are processed exclusively through an independent third-party payment service provider, such as Stripe or any other equivalent provider.
The Seller acknowledges and agrees that Cuisinous is not a financial institution, does not act as a payment intermediary, escrow agent, or depository of funds, and does not store, process, or keep any banking, financial, or credit card information of Customers or the Seller. The Seller acknowledges that the execution of payments, their processing, authorization, clearing, and payout are the exclusive responsibility of the third-party payment provider, in accordance with the contractual terms binding the Seller to said provider.
The Seller understands that Cuisinous cannot be held responsible under any circumstances for any error, omission, delay, interruption, failure, payment refusal, withholding of funds, account suspension, or security incident attributable to the third-party payment provider or its systems.
LIMITATION OF LIABILITY
The Seller acknowledges and agrees that Cuisinous acts exclusively as a technological platform provider and connection intermediary, and that it does not intervene in any way in the preparation, manufacturing, processing, preservation, packaging, labeling, handling, delivery, or sale of the food offered by the Seller.
To the fullest extent permitted by law, Cuisinous, its directors, officers, employees, shareholders, and partners shall in no event be liable for any damage, harm, loss, or claim, whether direct, indirect, incidental, consequential, special, or punitive, including in particular:
- any illness, food poisoning, allergic reaction, bodily injury, or death;
- any loss of income, loss of business, or damage to reputation;
- any claim, complaint, penalty, fine, or lawsuit brought by a customer, a third party, or a regulatory authority;
- resulting directly or indirectly from the food, ingredients, information, omissions, or activities of the Seller.
Cuisinous makes no warranty, express or implied, regarding the quality, safety, security, legal compliance, regulatory compliance, or fitness for consumption of the products offered by the Seller, which are the exclusive responsibility of the Seller. The Seller expressly waives any recourse, claim, or lawsuit against Cuisinous regarding any damage arising from the food provided by the Seller or the use of the platform, except in the case of gross negligence or intentional misconduct by Cuisinous.
INDEMNIFICATION
The Seller agrees to indemnify, defend, and hold harmless Cuisinous, as well as its directors, officers, employees, shareholders, representatives, and partners, from and against any claim, demand, complaint, lawsuit, action, investigation, penalty, fine, damage, loss, liability, cost, or expense (including without limitation legal fees, attorney’s fees, and expert fees, on a solicitor-client basis) arising directly or indirectly from:
- food, ingredients, products, or services offered, prepared, sold, or provided by the Seller through the platform;
- any illness, food poisoning, allergic reaction, bodily injury, death, or harm to health;
- the Seller’s failure to comply with any applicable law, regulation, standard, or requirement, including those of MAPAQ;
- any false, misleading, incomplete, or outdated information provided by the Seller;
- any violation of this Agreement, related policies, or documents;
- any actual or alleged infringement of the rights of a customer, a third party, or a government authority.
At the request of Cuisinous, the Seller shall assume the complete and diligent defense of any claim referred to in this article, at their own expense, with counsel reasonably deemed acceptable by Cuisinous.
SUSPENSION AND TERMINATION
Cuisinous reserves the right, in its sole and absolute discretion, to suspend, limit, remove products, disable access to the platform, or terminate the Seller’s account, at any time, with or without notice, particularly in cases of violation of this Agreement, provision of false information, non-compliance with laws (MAPAQ), risk to public health, or damage to the reputation of Cuisinous.
The suspension or termination of the Seller’s account does not give rise to any right to indemnity, compensation, or reimbursement, regardless of the reason or duration. The termination or expiration of this Agreement does not affect the obligations of the Seller which, by their nature, must survive (payments, confidentiality, indemnification, etc.).
CONFIDENTIALITY AND DATA PROTECTION
The Seller agrees to preserve the confidentiality of Confidential Information (customer data, pricing, technologies) and to process personal information in accordance with the Act respecting the protection of personal information in the private sector (CQLR, c. P-39.1). All information relating to customers and transactions remains the exclusive property of Cuisinous.
GENERAL PROVISIONS
This Agreement is governed by and construed in accordance with the laws in force in the Province of Quebec. The courts of the judicial district of Quebec shall have exclusive jurisdiction. Cuisinous reserves the right to modify this Agreement at any time and at its sole discretion. Continued use of the platform constitutes an express acceptance of the modifications.
