Terms and Conditions

1. About Da Dabba

Da Dabba is an online marketplace operated by Pomofoods ("we," "us," "the platform") that connects consumers with independent licensed vendors for the preparation, sale, and delivery of meals and groceries. Vendors fall into two categories: kitchens (licensed operators preparing fresh meals on a calendar) and shops (licensed operators selling packaged goods, groceries, and produce). Da Dabba is a facilitator only. We are not a food provider, restaurant, grocer, catering service, or delivery company.

2. Acceptance of Terms

By creating an account or using Da Dabba, you agree to these terms. If you do not agree, do not use the platform.

3. Platform Role and Liability

Da Dabba acts solely as an intermediary between consumers and vendors. We provide the technology platform that enables ordering, scheduling, follower communications, and payment processing (where applicable).

We do not: prepare, cook, handle, package, store, or deliver any food or grocery items. All meals and goods are prepared, stocked, and delivered independently by vendors.

We are not responsible for: the quality, taste, safety, temperature, allergen content, portion size, freshness, nutritional accuracy, or timeliness of any meal or product prepared, stocked, or delivered by a vendor. Any dispute regarding the product itself is between the consumer and the vendor.

Consumers acknowledge that they are ordering from independent licensed vendors and accept the inherent risks associated with food and groceries prepared or stocked by third parties. Consumers with food allergies or dietary restrictions are responsible for communicating directly with vendors and verifying ingredients before ordering.

4. Consumer Accounts

To use Da Dabba as a consumer, you must create an account using Google sign-in or an email magic link. Authentication is provided by a third-party identity service. You are responsible for maintaining the security of your account and for all activity under your account.

5. Wallet, Payments, and Taxes

Da Dabba offers a prepaid wallet system for in-platform payments. You add funds to your wallet, and order costs are deducted from your balance when orders are confirmed. You may also pay for an individual order by card at checkout without using the wallet ("Pay Now"). All in-platform payment processing is handled by a PCI-DSS compliant third-party processor (Stripe). We do not store your payment card details.

Pay-at-Shop: For pickup orders from participating shops, the shop may offer "Pay at Shop" — you reserve items through Da Dabba and pay the shop directly on collection (cash, debit, or the shop's own card terminal). Da Dabba does not process, hold, or refund Pay-at-Shop transactions. Any payment, refund, or dispute regarding a Pay-at-Shop order is exclusively between you and the shop.

Wallet credits do not expire. Wallet balances are non-transferable between accounts. On account closure or termination, any remaining wallet balance will be refunded to your original payment method or another reasonable method within 30 days, less any amounts properly owed under these terms.

GST and other taxes: Vendors who are GST-registered may toggle GST collection on in their profile. When on, 5% GST is added to the order at checkout, snapshotted on the order record, and remitted to the Canada Revenue Agency by the vendor (not by Da Dabba). Vendors are solely responsible for the accuracy of their registration status and for remittance. Other applicable taxes are the vendor's responsibility unless explicitly stated.

Loyalty points: Vendors may issue loyalty points to consumers on delivered orders. Points are issued by each vendor independently, are not a form of currency, are non-transferable, are not redeemable for cash, and may be set, capped, or expired at each vendor's discretion. Points associated with a vendor that leaves the platform or with an account that is closed are forfeited.

6. Orders, Subscriptions, and Cancellations

Orders are confirmed when payment is received (wallet deduction, card charge, or — for Pay-at-Shop pickup — successful reservation). Once an order is locked for preparation, it may not be eligible for cancellation. Automatic refunds to your wallet are issued when: a vendor cancels an order, an item becomes unavailable, an admin issues a refund, or you remove an item more than 7 days before scheduled delivery.

Auto-select subscriptions: You may enable an auto-select subscription that places recurring orders with a chosen kitchen on chosen weekdays at the relevant cutoff time. Funds are drawn from your wallet (not from a recurring card charge). You may pause any single day, change the kitchen, or cancel the subscription at any time. Da Dabba will notify you in advance if your wallet balance is insufficient to cover an upcoming auto-select order.

Da Dabba reserves the right to cancel any order at any time for operational reasons, in which case the full amount paid through the platform will be refunded to your wallet (or, for Pay-at-Shop reservations, the reservation is cancelled with no charge).

7. Refunds

Refunds for issues not covered by automatic refund (quality issues, missing or incorrect items on a delivered order, significant lateness) are issued at the discretion of Da Dabba administration. Such requests must be reported within 24 hours of the scheduled delivery to hello@pomofoods.com. Refunds may be issued to your Da Dabba wallet or original payment method at our discretion.

For Pay-at-Shop pickup orders, refunds are between you and the shop directly; Da Dabba has no involvement in those funds.

We reserve the right to deny refund requests we determine to be fraudulent, excessive, or unreasonable. Repeated refund requests may result in account review or suspension.

8. Vendor Accounts (Kitchens and Shops)

Vendors are independent operators, not employees, contractors, or agents of Da Dabba or Pomofoods. Vendors are solely responsible for:

• The preparation, sourcing, quality, and safety of their products
• Compliance with all applicable food safety regulations, business licensing, and health authority requirements in their jurisdiction (e.g., FOODSAFE Level 1, municipal business licence, regional health permit in British Columbia)
• Accurate representation of menu items, inventory, ingredients, allergens, pricing, and operating hours
• Timely fulfillment of orders (preparation, packaging, and delivery or pickup readiness)
• Maintaining a valid payout account with our payment processor for any in-platform payments
• Collecting and remitting any applicable taxes (including GST when GST collection is enabled on their profile)
• Responsible use of follower communications, including WhatsApp broadcasts (see Section 10)

Da Dabba charges a platform commission on each in-platform order processed through the wallet or Pay Now. Commission rates and any other vendor fees are communicated to vendors upon onboarding and may be updated with reasonable notice. Pay-at-Shop pickup orders do not incur a per-transaction commission, as Da Dabba does not process the payment.

Da Dabba reserves the right to suspend or remove any vendor account at any time for any reason, including but not limited to food safety concerns, repeated consumer complaints, lapsed licensing, abuse of follower communications, or violation of these terms.

9. Prohibited Conduct

You agree not to:

• Use the platform for any unlawful purpose
• Misrepresent your identity, licensing status, or provide false information
• Attempt to access another user's account
• Interfere with the operation of the platform
• Use the platform to harass, abuse, or harm other users or vendors
• Circumvent the platform to arrange orders or payments directly with vendors you discovered through Da Dabba (other than continuing an existing offline relationship with a vendor you already knew)
• Use follower communications (including WhatsApp broadcasts) for spam, unrelated commercial messages, or any content prohibited by the relevant messaging service's terms

10. Follower Communications and WhatsApp Broadcasts

Consumers may follow vendors on the platform. By following a vendor, you consent to receive messages from that vendor through Da Dabba's notification system and, where the vendor has enabled it, via the WhatsApp Business Platform operated by Meta. Vendors are responsible for the content of these messages. You may unfollow a vendor at any time, which stops further messages from that vendor.

Vendors using WhatsApp broadcasts must comply with these terms, Meta's WhatsApp Business policies, and applicable anti-spam law (CASL in Canada). Da Dabba may suspend a vendor's broadcast capability for abusive use without notice.

11. Intellectual Property

All content, design, branding, and technology on Da Dabba is the property of Pomofoods. Vendors retain ownership of their menu content, inventory descriptions, and product photography uploaded to the platform, and grant Da Dabba a non-exclusive, royalty-free, worldwide licence to display, reproduce, adapt, and distribute this content on the platform, in social media posts, in marketing materials, in third-party advertising channels, and in derivative works (including AI-generated variations and resized formats) for the purpose of operating and promoting the platform and its vendors.

12. Limitation of Liability

To the maximum extent permitted by law, Da Dabba and Pomofoods shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the platform, including but not limited to:

• Illness, allergic reactions, or injury resulting from food or groceries prepared or supplied by vendors
• Loss or damage resulting from delivery delays, failures, or product unavailability
• Loss of wallet funds due to unauthorized account access caused by your failure to secure your account
• Platform downtime or technical errors
• Disputes regarding Pay-at-Shop transactions, which are between you and the shop

For consumers, our total liability for any claim arising from your use of the platform shall not exceed the amount of funds in your Da Dabba wallet at the time of the claim, plus amounts paid to Da Dabba in the prior 12 months. For vendors, our total liability for any claim arising from your use of the platform shall not exceed the platform commissions paid by you to Da Dabba in the prior 12 months.

13. Dispute Resolution

Any dispute between a consumer and a vendor regarding product quality, delivery, or related matters should first be reported to Da Dabba at hello@pomofoods.com. We will make reasonable efforts to facilitate a resolution but are not obligated to mediate or resolve disputes between users.

If a dispute with Da Dabba itself cannot be resolved informally, it shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, and resolved in the courts of British Columbia.

14. Account Termination

We reserve the right to suspend or terminate any account at any time, with or without notice, for conduct that we determine violates these terms or is harmful to other users, vendors, or the platform. Upon termination, any remaining wallet balance will be refunded as described in Section 5. Loyalty points are forfeited on termination unless the vendor and Da Dabba agree otherwise.

15. Changes to Terms

We may update these terms from time to time. Material changes will be communicated by email or notice on the platform. Continued use of Da Dabba after changes constitutes acceptance of the updated terms.

16. Contact

hello@pomofoods.com

pomofoods.com