1.Parties
These Buyer Terms of Service (these "Terms") constitute an agreement between:
OCSAPP Inc., a corporation federally incorporated under the Canada Business Corporations Act on November 26, 2025 (Corporation No. 1750354-7; Quebec enterprise number (NEQ) 1181584997), with its registered office in Laval, Québec ("OCSAPP," "we," or "us");
and You, the individual creating or using a buyer account on the OCSAPP platform ("you," "your," or the "Buyer").
These Terms become binding on you when you accept them as described in Section 23.
2.Recitals
- OCSAPP operates a bilingual digital marketplace at ocsapp.ca connecting Buyers with independent local Sellers, artisans, and businesses ("Sellers"), with delivery provided by OCSAPP's own driver network (Livreur Central, "ODA").
- OCSAPP itself sells no products directly to Buyers in the ordinary course - it provides the platform, payment processing, and delivery infrastructure that connects Buyers to Sellers.
- You are a natural person acquiring goods primarily for personal, family, or household purposes, and are therefore a "consumer" within the meaning of Québec's Consumer Protection Act.
3.Definitions
"Order" means a request submitted by you through the OCSAPP platform to purchase one or more products from one or more Sellers, consolidated into a single checkout transaction.
"Seller" means an independent business or individual approved by OCSAPP to list and sell products on the platform, and who is the merchant of record for the products you purchase.
"Delivery Fee" means the fixed, Zone-calibrated fee disclosed before checkout for delivery of your Order, which is separate from the price of the products themselves.
"Zone" means a defined geographic area (currently West Island, with Laval and the Greater Montreal core published as coming-soon expansion zones) by reference to which the Delivery Fee is calibrated.
"Returns & Refund Policy" means OCSAPP's published policy (Track A, business-to-consumer claims) governing returns, refunds, and fault determination for Orders, as published on ocsapp.ca/returns and updated from time to time.
"Distance Contract" has the meaning given to a contract entered into at a distance under the Consumer Protection Act - an Order placed through the OCSAPP platform is a Distance Contract between you and the relevant Seller.
4.Eligibility and Account Registration
4.1 You must be at least the age of majority in Québec (18 years old) to create a Buyer account. A person aged 13 to 17 may place Orders only as a member of a Home Profile, as described in Section 4.4. The Platform is not intended for children under 13.
4.2 You will provide accurate registration information (name, email, delivery address) and keep it current. You are responsible for maintaining the confidentiality of your password and for all activity on your account.
4.3 Your account is free - there is no membership fee, subscription charge, or tier for Buyers.
4.4 Home Profile. A Buyer who has reached the age of majority may invite persons aged 13 to 17 for whom they are the parent or guardian to join their Home Profile. By sending an invitation, that Buyer (the "Guardian") confirms this authority and consents, on the member's behalf, to the creation of the member's account and to the collection and use of the member's personal information as described in the Privacy Policy. Orders placed by a member are charged to the Guardian's saved payment method, and the Guardian is responsible for them. The Guardian is notified of each member Order and may view it and its delivery tracking. Products designated as restricted to persons 18 or older are not available to members. The Guardian may remove a member at any time, which suspends the member's account, and OCSAPP may suspend a Home Profile that is misused.
5.OCSAPP's Role as Marketplace, Not Merchant
5.1 OCSAPP operates the platform, processes payment, and coordinates delivery through its own driver network. For most Orders, the Seller - not OCSAPP - is the merchant of record: the Seller sets the product price, description, and availability, and is responsible for the accuracy of that information and the quality of the goods sold.
5.2 Every Seller on OCSAPP is reviewed and approved before being permitted to list products, including identity and business registration verification. OCSAPP does not independently inspect or certify individual products beyond this seller-level approval process.
6.Distance Contract Disclosures
Before you confirm an Order, the following is disclosed to you at checkout, consistent with the Consumer Protection Act's requirements for distance contracts:
- The Seller's name and contact information
- A description of each product, including price
- The itemized total, including applicable GST and QST
- The Delivery Fee (if delivery is selected), disclosed before payment
- The estimated delivery date or time window
- A summary of the cancellation and return rights described in Sections 7 and 11
6.1 You will have the opportunity to review your Order in full, correct any errors, and either confirm or decline before payment is processed.
7.Your Right to Cancel a Distance Contract
7.1 Where the disclosures required under Section 6 are not properly made, you may have the right under the Consumer Protection Act to cancel the resulting contract within seven (7) days, in addition to any return rights described in Section 11.
7.2 This right is separate from, and does not replace, your ability to cancel an Order before it is dispatched (Section 10) or to return a delivered product under the Returns & Refund Policy (Section 11).
8.Pricing, Delivery Fees, and Surcharges
8.1 Your account is free. You pay the price the Seller lists, with no markup added by OCSAPP - commission is charged to the Seller, never to you.
| Zone | Delivery Fee | Status |
|---|---|---|
| West Island | $7.99 | Live |
| Laval | $8.99 | Coming soon |
| Greater Montreal Core | $9.99 | Coming soon |
8.2 In-store pickup carries no delivery fee. The Payment Processing Fee (2.9% + $0.30 CAD per transaction) is absorbed by the Seller and is never charged to you separately.
8.3 Where your Order's total weight exceeds 15 kg, its routed delivery distance exceeds 8 km, or your cart includes products from more than two Sellers, an Oversize Surcharge, Long-Distance Surcharge, or Additional-Stop Fee applies, disclosed before you confirm your Order. Both the Oversize and Long-Distance Surcharges increase further, in defined increments, for orders significantly heavier or farther than the threshold - see the table below:
| Situation | West Island / Laval / Montreal Core |
|---|---|
| Order weight exceeds 15 kg (up to 25 kg) | $4.00 / $4.50 / $5.00 |
| Order weight exceeds 25 kg | additional $2.00 / $2.25 / $2.50 per 10 kg over 25 kg, rounded up (40 kg maximum for standard delivery) |
| Delivery distance exceeds 8 km (up to 12 km) | $4.00 / $4.50 / $5.00 |
| Delivery distance exceeds 12 km | additional $2.00 / $2.25 / $2.50 per 4 km over 12 km, rounded up (20 km maximum for standard delivery) |
| Cart includes more than 2 Sellers | $2.00 / $2.25 / $2.50 per additional Seller |
8.4 Every tip you leave goes to your driver: OCSAPP keeps no part of it. Your tip is paid by card directly to your driver's account with our payment processor, Stripe, which deducts its processing fee from the tip. You can add a tip at checkout once a driver has accepted your order, or later from your order page. A tip added at checkout is held on your card and charged only when your order is delivered; if that driver does not deliver your order, the tip is cancelled and you are not charged. This feature is confirmed for launch but is not yet active in the app; it will go live before physical operations begin. Suggested tip amounts, once live, will be calculated on the pre-tax subtotal, consistent with Bill 72's requirements for equal visual prominence across suggested percentages.
8.5 GST (5%) and QST (9.975%) are calculated automatically on eligible Orders shipped within Quebec and itemized on your receipt.
9.Payment Terms
9.1 OCSAPP accepts the payment methods shown at checkout. Payments are processed securely by third-party payment processors (PayPal and, when card payment is offered, Stripe). OCSAPP does not store your card details.
9.2 Your payment is processed when you confirm your Order.
9.3 While the Platform is in beta, payment processing may operate in test mode, as described in the General Terms of Service, Section 10.5: no real payment is charged, and an Order placed in test mode is not a paid Order.
10.Order Fulfillment, Delivery, and Cancellation
| Status | What It Means | What Happens Next |
|---|---|---|
| Awaiting Payment | Your Order has been received and your payment is not yet confirmed. | Once payment is confirmed, your Order moves to Order Placed. |
| Order Placed | Your Order has been confirmed and payment processed. | The Seller is notified and has not yet accepted your Order. You can still cancel free of charge. |
| Processing | The Seller has accepted your Order and is picking, packing, and preparing it. | Your Order will be marked ready once packaging is complete. |
| Ready for Pickup | Your Order is packed and waiting for a driver. | An ODA driver is assigned to collect from the Seller. |
| Out for Delivery | Your driver has the Order and is on their way. | Track in real time from your Order dashboard. |
| Delivered | Your Order has been delivered and confirmed. | Leave a review and rate your Seller. |
| Cancelled | The Order was cancelled by you or the Seller. | If you paid for the Order, a refund is issued (see Section 11.4 for timing). |
| Refunded | A refund has been issued for your Order. | See Section 11.4 for when it reaches you. |
10.1 You may cancel an Order free of charge while it is in Awaiting Payment or Order Placed status. Once the Seller has accepted the Order and it is in Processing status, cancellation requires the Seller's agreement: contact support and we will ask the Seller. If the Seller agrees, the Order is cancelled and refunded in full (see Section 11.4 for timing). Once an Order is marked Ready for Pickup or Out for Delivery, cancellation may not be possible - contact support immediately and we will do our best to help. This Section does not limit your right to cancel a distance contract under the Consumer Protection Act (Section 7) or your rights under the Returns & Refund Policy (Section 11).
10.2 You may schedule delivery for immediate dispatch or a later time slot, subject to availability.
11.Returns, Refunds, and the Legal Warranty of Good Working Order
11.1 Returns and refunds are governed by OCSAPP's Returns & Refund Policy, Track A, as published on ocsapp.ca/returns and updated from time to time. You agree to be bound by that policy as it applies to your Orders.
11.2 If your Order is not delivered, or significantly differs from what was described, contact support within 48 hours of the expected delivery date, so that we can investigate while the delivery records are recent. A missing or incorrect item in an Order that was otherwise delivered is a Track A claim, which you may make within 14 days of delivery. The 48-hour period is a request for prompt notice: it does not shorten any return right you have under Track A, or any right or remedy you have under applicable law.
11.3 Legal Warranty of Good Working Order. From October 5, 2026, Québec's Consumer Protection Act gives certain new goods designated by regulation (for example, some household appliances and electronic devices) a legal warranty of good working order for a minimum period set by regulation. This warranty is in addition to the legal warranties of quality and durability, and it cannot be waived. If a covered product you bought on OCSAPP stops working during that period, contact support and we will coordinate the repair or remedy with the Seller under the Returns & Refund Policy.
11.4 Refunds, where approved, are returned to your original payment method within the processing times set out in section A6 of the Returns & Refund Policy.
11.5 Your claim under Track A may be assessed using an automated fault determination based on photo evidence collected at pickup and delivery. OCSAPP's Privacy Policy, Section 10, describes your rights regarding that determination, including the right to an explanation of the factors used and to request human review.
12.Founding Buyer Program
12.1 First-Order Free Delivery and Referral Credit. If you are a Founding Buyer under Section 12.2, your first delivery Order carries no Delivery Fee - OCSAPP covers the standard zone fee on your behalf. Separately, and available to every Buyer regardless of Founding status, referring a friend who completes their first Order earns you both a $5 credit toward a future Delivery Fee, with no limit on the number of friends you may refer.
12.2 Eligibility. The Founding Buyer program has two hundred (200) places. A place is reserved for your buyer account when the account is created, in the order in which buyer accounts are created, while places remain. Only a buyer account created on or before December 31, 2026 can reserve a place. Your place is confirmed, and the perks in this Section 12 apply to you starting with that Order, when you place and pay for a qualifying delivery Order within sixty (60) days after the later of (a) the day OCSAPP announces on the Platform that card payment is open (General Terms of Service, Section 10.5) and (b) the day your place is reserved. This period applies in full even if it ends after December 31, 2026. OCSAPP shows the date on which that period ends in your account and sends it to the email address on your account, unless you have unsubscribed from the Founding program emails. If no qualifying Order is paid within that period, your reservation ends and the place is reserved for the next buyer account, in order of account creation, that was created on or before December 31, 2026 and has never held a place; OCSAPP notifies that account by email. A reserved place does not by itself confer Founding Buyer status or any perk. Founding numbers are assigned in the order in which places are confirmed and do not change afterwards. You do not need to request or claim this status. An account created while all 200 places are reserved or confirmed is not eligible for this Section unless a place is released; an account created after December 31, 2026 is not eligible. Every other provision of these Terms continues to apply to all Buyers equally.
12.3 What This Does Not Change. The Oversize Surcharge and Additional-Stop Fee (Section 8.3) still apply to your free first Order if it qualifies - this Section waives the standard Delivery Fee only, not those separate, usage-based fees. Your account remains free regardless of Founding status, and no membership tier is created by this Section.
13.Intellectual Property
OCSAPP and its licensors retain all right, title, and interest in the OCSAPP platform, and all related trademarks, trade names, software, and content. Product content (descriptions, images) belongs to the relevant Seller. Any review or rating you submit may be displayed publicly on the platform; you grant OCSAPP a non-exclusive, royalty-free licence to use it for that purpose.
14.Data Protection and Privacy
14.1 OCSAPP complies with Québec's Law 25, the federal Personal Information Protection and Electronic Documents Act (PIPEDA), and Canada's Anti-Spam Legislation (CASL) in handling your personal information, as described in OCSAPP's Privacy Policy (ocsapp.ca/privacy).
14.2 No payment card data is stored on OCSAPP's servers - Stripe and PayPal process and store all payment information. Your account uses encrypted sessions and CSRF protection.
14.3 Marketing emails are sent only with your CASL-compliant opt-in consent, and you may opt out at any time.
15.Community Standards and Prohibited Conduct
To keep OCSAPP fair and safe for everyone, you agree to:
- Only place Orders you intend to receive - excessive cancellations may result in account review;
- Leave accurate, genuine reviews - fake or malicious reviews may be removed and may result in account action;
- Communicate respectfully with Sellers through platform messaging - harassment or abuse will not be tolerated;
- Keep your account credentials secure and report suspicious activity promptly; and
- Provide accurate delivery addresses - an incorrect address may result in failed delivery and a re-delivery fee.
16.Limitation of Liability
Notice to consumers in Québec: this Section is inapplicable in Québec to a consumer to the extent it would free OCSAPP from the consequences of its own act or that of its representatives (Consumer Protection Act, section 10) or limit the legal warranties of quality and durability (sections 37, 38 and 53).
Except as prohibited by the Consumer Protection Act or other applicable law, and except for material injury caused by an intentional or gross fault and for bodily or moral injury, for which liability can never be excluded or limited (Civil Code of Québec, article 1474), OCSAPP's aggregate liability to you under these Terms is limited to the amount you paid for the Order giving rise to the claim. Nothing in these Terms limits any right or remedy you have under the Consumer Protection Act that cannot be waived by agreement.
17.Indemnification
Notice to consumers in Québec: this Section is inapplicable in Québec to a consumer to the extent the Consumer Protection Act prohibits it, including a stipulation requiring the consumer to pay costs, penalties or damages whose amount is not specified in the contract (section 13).
You agree to indemnify OCSAPP against claims arising from your breach of these Terms or your misuse of the platform, except to the extent such claims arise from OCSAPP's own negligence or wilful misconduct.
18.Termination and Account Suspension
18.1 You may close your account at any time by contacting support. OCSAPP may suspend or terminate your account for breach of these Terms, including fraudulent activity, abuse of Sellers or drivers, or a pattern of excessive cancellations, with notice where reasonably practicable.
18.2 Termination does not affect Orders already placed, which remain governed by these Terms and the Returns & Refund Policy through to completion or resolution.
19.Dispute Resolution
19.1 If you have a concern about an Order, contact OCSAPP support first; we will try to resolve your concern directly. Nothing in these Terms limits your right to file a complaint with the Office de la protection du consommateur or to bring a claim in Small Claims Court.
19.2 Nothing in these Terms restricts your right to participate in a class action, and no provision of these Terms should be interpreted as a waiver of that right.
20.Governing Law
These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without prejudice to any mandatory consumer protection provisions that apply regardless of choice of law.
21.Language / Langue
21.1 This is a contract of adhesion within the meaning of Article 1379 of the Civil Code of Québec. In accordance with the Charter of the French Language, as amended, a French version of these Terms has been provided to you. The French version governs; the English version is provided for convenience only, and in the event of any discrepancy between the two, the French version prevails.
22.General Provisions
22.1 Entire Agreement. These Terms, together with OCSAPP's General Terms of Service, the Buyer Onboarding Package, OCSAPP's Privacy Policy, Cookie Policy, and Returns & Refund Policy, constitute the entire agreement between you and OCSAPP regarding your use of the platform as a Buyer. Where a provision of these Terms conflicts with the General Terms of Service on a matter these Terms expressly address, these Terms govern as the Role-Specific Agreement for your capacity as a Buyer, consistent with the precedence rule in the General Terms of Service, Section 4. Each of these documents is incorporated by reference and is expressly brought to your attention, with a link, at the moment you accept these Terms (Section 23).
22.2 Amendment. OCSAPP may amend only the following elements of these Terms: the description and operation of Platform features; account, security and acceptable-use rules; delivery zones and the delivery fees and surcharges that apply to future Orders; the rules of the founding and loyalty programs for the future; support, notice and dispute-handling procedures; and references to other OCSAPP policies. An amendment never applies to an Order already placed: the goods, price and delivery terms shown at checkout are final for that Order. At least 30 days and no more than 90 days before an amendment comes into force, OCSAPP will send you, at the email address on your account, a written notice drawn up clearly and legibly that sets out only the new clause (or the amended clause together with the clause as it read before), the date the amendment comes into force, and your rights. If the amendment increases your obligations or reduces OCSAPP's obligations, you may refuse it and close your account without cost, penalty or cancellation indemnity by notifying OCSAPP at legal@ocsapp.ca (or support@ocsapp.ca) no later than 30 days after the amendment comes into force.
22.3 Severability. If a provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force.
22.4 No Waiver. OCSAPP's failure to enforce a provision is not a waiver of its right to do so later.
23.Acceptance
These Terms do not require a wet-ink or digital signature. You accept these Terms electronically:
23.1 when you create your Buyer account, by checking the acceptance box that links to these Terms and to each document they incorporate (Section 22.1); and
23.2 each time you place an Order, where the checkout page links to these Terms and to the Returns & Refund Policy immediately before you confirm.
The current version of these Terms is available at all times at ocsapp.ca/buyer-terms, and you may print or save a copy. OCSAPP provides the specific contract details for each Order (product, price, Seller, delivery terms) in your Order confirmation, consistent with the distance contract disclosure requirements in Section 6.