Terms and Conditions

IMPORTANT – READ THE FOLLOWING: The following agreement (the “Agreement”) governs the general terms and conditions applicable to any MTY gift card in Canada (the “gift card”) issued by MTY Food Group Inc. (together with its subsidiaries, affiliates hereinafter collectively referred to as “MTY”). The gift card may be used only in Canada at participating affiliated locations: Allo Mon Coco, Baton Rouge, Ben et Florentine, Big Smoke Burger, Cafe Depot, Casa Grecque, Country Style, Cultures, Dagwoods, Extreme Pita, Giorgio’s, Jugo Juice, Kimchi, Koryo, Koya Japan, Küto, La Cremiere, La Diperie, Madisons, Manchu Wok, Ms Vanellis, Mr Souvlaki, Mr Sub, Mucho Burrito, Muffin Plus, Pizza Delight, Poke by Sushi Shop, Scores, Steak Frites, Sukiyaki, Sushi Man, Sushi Shop, TacoTime, Thai Express, Thai Zone, Tiki Ming, Toujours Mikes, Tosto, Tutti Frutti, Valentine, Van Houtte, Vie & Nam, Villa Madina, Wetzel’s Pretzels, and other potential future partners across Canada (hereinafter collectively the “Participating location(s)”).

By purchasing or using a gift card, you agree to the terms and conditions of use of this Agreement. Please retain a copy of this Agreement for your records.

The purchase and use of gift cards are also subject to MTY’s terms of use and privacy policy, available here: Terms & Conditions | MTY Group and Privacy Policy | MTY Group.

ABOUT YOUR GIFT CARD

Your gift card has no expiration date.

The gift card allows you to load a monetary value in Canadian dollars for future purchases solely at Participating locations in Canada and on applicable online ordering websites. No credit card, line of credit, overdraft protection, or deposit account is associated with a gift card. Unless required by law or permitted under this Agreement, any amount loaded onto your gift card account is non‑refundable and cannot be redeemed for cash. No interest will accrue on, be paid on, or be credited to the funds loaded onto the gift card by MTY.

To the extent permitted by applicable laws, MTY reserves the right to refuse the use of a gift card, to suspend or cancel its validity, and to refuse the issuance of a new gift card and/or the loading of funds onto an existing gift card in cases of actual or suspected fraud, misuse or other illegal activity, or failure to comply with this Agreement.

PURCHASE A GIFT CARD & LOAD FUNDS

The Gift Card in physical and digital format can be purchased online at Gift Cards | MTY Group Gift Cards, or through the website or mobile application, as applicable, of a Participating location. A physical gift card may also be purchased at a Participating location, subject to stock availability, which may vary depending on the Participating location, timing, region, or other circumstances. MTY does not guarantee the ongoing availability of physical gift cards or their availability at all Participating locations, and assumes no obligation to continue offering them for sale.

No issuance or activation fees apply to a gift card.

Physical gift cards purchased online may be delivered only to a valid address in Canada and in accordance with the selected delivery timeframe. Non‑refundable shipping and handling fees apply. Digital gift cards are sent by email to the designated recipient on the date specified in the online order. MTY cannot be held responsible for delivery failures resulting from an incorrectly provided email address.

You may load funds onto a gift card account at Participating locations in Canada using cash, a credit card, or a recognized debit card, where such payment methods are accepted. The gift card must be activated at a Participating location before it can be used. Subject to applicable systems, funds loaded are available immediately upon activation or reloading.

A minimum amount of $5 must be loaded with each deposit made in-store or for a digital gift card. A minimum amount of $10 is required for the purchase of a new physical gift card online. MTY reserves the right to modify, at any time and at its sole discretion, the required minimum amount, to the extent permitted by applicable laws. Any change will be communicated by posting on MTY’s website or by any other appropriate means.

PERSONALIZED MESSAGE

A personalized message may be added to an online gift card purchase order. Personalized messages are subject to length limitations. Adding a personalized message does not incur any additional fees. MTY does not systematically review personalized messages and has no obligation to do so. However, MTY reserves the right, at its sole discretion, to refuse, cancel, or omit any personalized message it deems inappropriate, offensive, illegal, or otherwise objectionable. MTY assumes no liability of any kind with respect to the content of personalized messages included in an order, which remain entirely the responsibility of the customer.

BALANCE AND INFORMATION

You may check the balance of your gift card at a Participating location, on a Participating location website or mobile application, if applicable, or online at Check Your Gift Card Balance.

No statement of transactions made from a gift card account will be mailed to gift card holders. When a gift card is used at a Participating location, the remaining balance of the gift card account will be printed on the receipt generated at the point of sale. It is the responsibility of the gift card holder to retain receipts in order to verify the accuracy of the gift card account balance. Presentation of the receipt will be required in the event of a dispute regarding the balance.

If the purchase amount exceeds the available balance on the gift card, the cardholder must pay the difference using another method of payment. Any unused balance on a gift card is not transferable to another card.

BILLING ERRORS AND CORRECTIONS

To the extent permitted by applicable laws, MTY reserves the right to correct the balance of a gift card account at any time when it has reasonable grounds to believe that a clerical, billing, processing, or accounting error has occurred. MTY shall not be held liable for any billing error unless the gift card holder notifies MTY of the error within sixty (60) days following the date of the transaction in question and provides the information required to allow verification of the alleged error. It is the responsibility of the gift card holder to regularly review their transactions and retain relevant receipts.

If you wish to dispute a transaction, please contact MTY at Contact Us | Bon App.

LOST, STOLEN, OR DESTROYED GIFT CARD

A gift card represents prepaid monetary value and should be treated with care, like cash. Neither MTY nor the Participating locations shall be held responsible for the loss, theft, or destruction of a gift card, nor for any expenses, costs, claims, or damages, whether direct or indirect, arising from the use of or inability to use a gift card.

If your gift card is lost, stolen, or destroyed, please contact MTY at Contact Us | Bon App as soon as possible.

A replacement fee of two dollars and fifty cents ($2.50), plus applicable taxes, applies to the issuance of a replacement gift card, which will be shipped within an approximate timeframe of two (2) to four (4) weeks following receipt of the request by MTY.

RETURN POLICY

No exchanges or refunds will be accepted for any purchase made at a Participating location using a gift card.

The gift card may not be redeemed for cash, except where required by law.

AMENDMENTS TO THIS AGREEMENT

MTY reserves the right to amend this Agreement at any time, at its sole discretion. The applicable terms are those in effect at the time the gift card is used. Any amendment will take effect when the amended agreement is posted online. Unless otherwise indicated, the amendment will apply to your existing and future gift cards. If an amendment results in an increase in your obligations or a reduction in MTY’s obligations, we will consider that you have accepted the amendment (i) if you do not notify us otherwise in writing within thirty (30) days following the amendment to this Agreement, or (ii) if you use your gift card after the amendment. If you refuse these amendments, your gift card will be cancelled upon written request, and the balance remaining on your gift card will be refunded to you.

SUSPENSION OR TERMINATION OF THIS AGREEMENT

MTY reserves the right, at its sole discretion, to remove Participating locations, as well as to suspend, amend, or terminate this Agreement, in whole or in part, including by cancelling the gift card program. In the event that MTY terminates this Agreement or the gift card program without cause attributable to the gift card holder, MTY undertakes to honor the remaining balance of the gift card by issuing credits redeemable for purchases made at Participating locations, in an amount equivalent to the remaining balance of the gift card.

The issuance of such credits is conditional upon the gift card holder contacting MTY through its website Contact Us | Bon App and, where applicable, returning the physical gift card to MTY. The amount of credits issued shall correspond to the balance of the gift card at the time it is received by MTY. MTY shall not be held liable for any prejudice resulting from such amendment, suspension, or termination.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, MTY makes no representations, warranties, or conditions, express or implied, with respect to the gift card, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, or non‑infringement, or any warranties arising from course of dealing, usage of trade, or course of performance. MTY does not represent or warrant that a gift card will always be accessible or accepted.

Without limiting the foregoing, neither MTY nor the Participating locations shall be responsible for service interruptions, system errors, technical failures, or events beyond their reasonable control that may affect the issuance, activation, use, or balance of a gift card. Where MTY is found to be liable to you, your sole remedy shall be limited to actual and direct damages, which shall not exceed the last balance of your gift card. MTY shall not be liable for any incidental, indirect, or consequential damages, or for any punitive or exemplary damages, arising out of or in connection with this Agreement, whether based on contract, warranty, extra‑contractual liability, product liability, strict liability, or any other legal theory.

ASSIGNMENT

This Agreement may be assigned, in whole or in part, by MTY without prior notice. MTY shall thereafter be released from any liability.

GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the province or territory of residence of the gift card holder, as well as the applicable federal laws of Canada.

ENTIRE AGREEMENT

This Agreement constitutes the entire and exclusive agreement between you, the gift card holder, and MTY. It replaces and supersedes all prior agreements. If any provision of this Agreement is declared invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalid, illegal, or unenforceable provision shall be deemed omitted from the Agreement, and the remaining provisions shall continue in full force and effect and remain binding on the parties.

QUESTIONS OR NOTICES

If you have any questions or wish to contact MTY regarding your gift card, please visit our website at Gift Cards | MTY Group Gift Cards or contact us at Contact Us | Bon App.