Terms & conditions (EULA)

1. Introduction

Potlly is a marketplace that helps people discover local food entrepreneurs who prepare food through facilities permitted for their operations, and helps those vendors publish a profile, menu and contact details. In these terms, a vendor profile is called a “kitchen”. These terms form the Potlly End User Licence Agreement (EULA). They apply whenever you access or use the Potlly website or mobile app, whether or not you have an account.

You must affirmatively accept this EULA when the app asks you to do so, including when you create an account or use features that let you post content. By tapping or selecting “I agree”, creating an account, posting content, or continuing to use Potlly, you agree to these terms. If you do not agree, do not use the service.

2. Eligibility

• Potlly is only for people aged 18 or older. You may not access or use the service if you are under 18.
• By using Potlly, you confirm that you are at least 18 and are legally able to enter a binding agreement where you live.
• If you list a kitchen, you confirm that you are legally entitled to operate the food business, prepare each listed product at a facility approved for that product and process, and hold every permit, licence, registration, inspection approval and food-safety qualification required where you operate.
• You may not use Potlly if we have previously removed your account for a breach of these terms.

3. Using Potlly as a customer

You do not need an account to browse kitchens, search dishes, view prices, read reviews or contact a kitchen. An optional account exists so that your saved favorites follow you between devices.

Information about kitchens, dishes, prices, delivery areas and availability is supplied by the kitchens themselves. You are responsible for confirming the details of your order, including price, delivery time, delivery cost, preparation location and any allergens or dietary requirements, directly with the kitchen before you order. A verification label is not a guarantee that food is allergen-free or suitable for a particular dietary or medical need.

4. Kitchen responsibilities

If you operate a kitchen on Potlly, you agree that:

• Your kitchen profile, menu, prices and delivery information are accurate and kept up to date.
• You will prepare, store, package, transport and handle food safely and comply with all food-safety, labelling, allergen, business, tax and consumer-protection rules that apply to you.
• You will prepare every product only at the approved food-handling establishment or other facility identified in your current documentation. You will not prepare listed food in a private residential kitchen where doing so is prohibited.
• You will hold and maintain all permits and approvals required for your business, facility, products and preparation methods before listing food or accepting an order.
• You will promptly tell Potlly if a permit or approval expires, is suspended, revoked, restricted or otherwise changes, or if you change your preparation facility, products or processes.
• You will describe your dishes honestly, including anything a customer would reasonably need to know about ingredients.
• You will honour the prices and delivery terms you publish, or update them before accepting an order.
• The phone number you publish is one you control and monitor, and you accept that customers will contact you on it directly.
• You will respond to customers in a respectful, professional way.

If you operate in Manitoba, food offered through Potlly must not be prepared in a residential home kitchen. Unless a lawful exception specifically applies to your activity, you must use an inspected commercial or community kitchen or another approved food-handling establishment and obtain your own applicable Food Service Establishment permit before operating. A food-handler training certificate by itself is not a permit.

You are the seller of the food you list. The contract for any order is between you and the customer. You, not Potlly or the facility owner, remain responsible for confirming which requirements apply to your products and preparation methods.

5. Verification and documents

Before a kitchen can accept orders, Potlly may require the operator to provide information and current documents such as government-issued identification, business registration, the preparation facility’s name and address, a food-handling establishment permit, the operator’s own permit, inspection information, food-handler training records or other evidence reasonably needed for the products and location involved.

You authorise Potlly to review the information you provide and, where reasonably necessary, confirm it with the issuing authority, facility operator or another appropriate source. You must provide truthful, complete and unaltered documents, keep them current, and supply updated evidence when requested. We may require renewed verification periodically or when your facility, menu, processes or legal requirements change.

A “Verified” label means only that Potlly reviewed the specified documentation and found it satisfactory at the time of review. It does not mean that Potlly or a government authority endorses the vendor, has inspected every preparation activity, guarantees ongoing compliance, or guarantees the safety, quality or legality of any food. We may withhold, remove or correct a verification label at any time if information is missing, outdated, inaccurate or cannot be confirmed.

6. Listings and content

You keep ownership of the photos, descriptions and other content you upload. By uploading it you grant Potlly a non-exclusive licence to display, resize and distribute that content for the purpose of running and promoting the marketplace.

You must only upload content you have the right to use. We may remove content that is misleading, unlawful, objectionable, abusive, or that infringes someone else’s rights.

7. Ordering

When you place an order, Potlly passes your request, including the dishes, delivery address and requested time, to the kitchen, and shows you both its status as the kitchen accepts, prepares, delivers and completes it. The kitchen decides whether to accept an order and is responsible for preparing and delivering it.

Potlly does not prepare or deliver orders, does not refund or cancel them on a kitchen’s behalf, and does not act as an agent for either party. The contract for each order is between you and the kitchen.

8. Payments

Payment is by Interac e-Transfer or cash on delivery, settled directly with the kitchen. Potlly does not process payments, hold funds, or charge customers a service fee. Kitchens set their own prices and delivery fees and receive the full amount from the customer.

Any refund, discount or dispute about payment is a matter between the customer and the kitchen.

9. Reviews

Reviews on Potlly are published anonymously: no reviewer name, photo or profile is shown. A review should describe a genuine experience with a kitchen.

To limit duplicate and fake reviews, a review is linked to the device or session that left it, and rate limits apply. That link is used only for abuse prevention and is never shown publicly. We may remove reviews that are abusive, off-topic, fabricated, or posted to manipulate a kitchen’s ranking.

Ratings and review volume influence how kitchens are ranked in search and discovery.

10. Safety and community standards

Potlly has zero tolerance for objectionable content or abusive users. Objectionable content includes content that is unlawful, threatening, harassing, hateful, discriminatory, sexually explicit, violent, exploitative, fraudulent, invasive of another person’s privacy, or otherwise harmful or seriously offensive. Abuse includes bullying, stalking, intimidation, repeated unwanted contact and attempts to evade another user’s block.

To help keep Potlly safe:

• We use content filters and moderation systems to detect, limit and remove objectionable content.
• You can use the in-app Report action to flag objectionable content, a post, a review, a listing or abusive conduct for our review.
• You can block an abusive user. A blocked user will no longer be able to interact with you through the features covered by the block.
• You can immediately hide or remove any post from your own feed using the control shown on that post.
• You can also report inappropriate activity through the contact option in the app or by emailing support@potlly.com.

We review reports of objectionable content or abusive conduct within 24 hours. When a report identifies content or conduct that violates these terms, we will act within that 24-hour period by removing the offending content and suspending or permanently ejecting the user responsible for it. We may preserve information where required for safety, fraud prevention, legal compliance or an investigation.

Food-safety concerns, suspected foodborne illness, undeclared allergens and regulatory action should be reported to Potlly promptly. Vendors must cooperate with reasonable investigations, recalls and requests from public-health or other competent authorities. Potlly may immediately hide affected listings or suspend ordering while a concern is investigated. Potlly reporting does not replace contacting emergency services or the appropriate public-health authority when urgent help is needed.

11. Prohibited activity

You agree not to:

• Post false, misleading or fraudulent listings, prices or reviews.
• Impersonate another person, food entrepreneur or kitchen.
• Harass, threaten or discriminate against another user.
• Post, share or promote objectionable content.
• Contact or target a user who has blocked you, including through another account.
• Use Potlly to sell anything other than food and drink prepared by the listed kitchen.
• List or sell food prepared at an undisclosed, unapproved or unpermitted location, or outside the scope of the permits and approvals that apply to you.
• Submit altered, expired, borrowed or misleading compliance documents, or claim that you or your kitchen is government-approved merely because Potlly displays a verification label.
• Scrape, copy or resell Potlly’s content or data without permission.
• Interfere with, probe or attempt to disrupt the service or its security.

12. Our role

Potlly is a discovery platform. We are not a restaurant, a food business, a delivery company or a payment processor. We do not prepare, inspect, handle, deliver or guarantee any food listed on the service. We may review or confirm documents as described above, but we are not a regulator or public-health inspector and do not replace official permitting, inspection or enforcement. Vendors remain responsible for their food, facilities and legal compliance at all times.

Verification labels, ratings and reviews are limited marketplace information. They are not a government approval, food-safety certification, warranty or endorsement by Potlly.

13. Limitation of liability

Potlly is provided on an “as is” basis. To the fullest extent permitted by law, we are not liable for loss or damage arising from the food you buy, the conduct of a kitchen or a customer, the accuracy of a listing, or any agreement reached between a customer and a kitchen.

Nothing in these terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud.

14. Suspension and termination

You may stop using Potlly at any time. Kitchen account holders can request deletion of their account and listing on the delete account page.

We may suspend or permanently remove an account, listing or content that breaches these terms, misrepresents a kitchen, puts another person at risk, or involves objectionable content or abusive conduct. Serious or repeated violations may result in immediate and permanent ejection from Potlly. We may also suspend a kitchen or disable ordering while we verify documents, investigate a food-safety concern or respond to regulatory action. Where it is reasonable and lawful to do so, we will tell you why.

15. Changes to these terms

We may update these terms as the product changes. The date at the top of this page always shows when they were last revised. If a change materially affects your rights, we will give notice in the app or by email to kitchen account holders before it takes effect.

16. Contact and reporting

Use the reporting and contact options available in the Potlly app to report inappropriate activity. You can also report safety concerns to support@potlly.com. Questions about these terms can be sent to legal@potlly.com.