Terms and conditions

Last updated: September 12, 2025

The benny-co.com website, including its subdomains (the “Site”), and the Mon B&CO mobile application (the “Application”) offered by Benny & Frères Inc. (“Benny&Co.”, “we”, “us”, or “our”), as well as the installation, access to, or use of the Application and/or the Site and all of their features, including the creation of an account, any order, and any purchase (collectively, the “Services”), are governed by and conditional upon your acceptance of these Terms of Use, which constitute a binding agreement between you and Benny&Co. (the “Terms of Use”).

By downloading, installing, accessing, or otherwise using the Services in any manner, you represent and warrant that you have reached the legal age of majority in your jurisdiction to enter into a contract with Benny&Co., and you agree to be bound by these Terms of Use. If you do not agree to be bound by the Terms of Use, or if you do not meet all the conditions set out herein, you must not download, install, access, or otherwise use the Services.

We reserve the right to modify these Terms of Use at any time. We may notify you of such changes, including by posting a notice regarding the update of the Terms of Use on the Site or the Application, by sending you a notice using the contact information you have provided to us, or by any other reasonable means. The version of the Terms of Use in effect at the time you use the Services will apply to such use. Updated Terms of Use are binding on you as of the date indicated therein for any use of the Services after that date. If you do not agree with the updated Terms of Use, you must stop using the Services. Your continued use of the Services after the publication of modifications to the Terms of Use signifies your acceptance of the latest version of the Terms of Use.

1.    Intellectual property and licence

Benny&Co. grants you a personal, non-exclusive and non-transferable licence valid for the Term and subject to these Terms of Use, authorizing you to install and use the Application on devices that you own or control. You are only entitled to the limited use of the Services granted to you in these Terms of Use. You may not take any action that jeopardizes, limits or interferes with Benny&Co.’s rights and/or that of its licensors.

All content and any code, software or other material forming part of the Services, except for any content submitted by you (collectively, “Benny&Co.’s Content”), is owned by Benny&Co. You may only use the Services and print copies of Benny&Co.’s Content for non-commercial, informational and personal purposes, without modifications, and only in accordance with these Terms of Use.

a) Copyrights and other intellectual property rights. Benny&Co.’s Content is protected by Canadian copyright laws. You acknowledge that all copyrights and other intellectual property rights relating to the Services are owned by Benny&Co. or its third-party licensors. Except with the express written permission of an authorized person or as permitted by law, you may not in any way copy, reproduce, distribute, publish, open a database with, display, execute, modify, create derivative works from, transmit, use or exploit any part of Benny&Co.’s Content.

b) Trademarks and service marks. You acknowledge and agree that all Benny&Co. logos and trademarks and any other proprietary material displayed in connection with Benny&Co.’s Services and Content are owned by Benny&Co. and may not be used for commercial purposes without Benny&Co.’s prior written consent.

2. Links to third-party websites

Our Services contain links to external websites that are owned and operated by third parties, such as Benny&Co.’s social media accounts and other third-party websites. These websites are not part of the Services and are not under our control, and we are not responsible for the content of any such website or for any changes or updates made to such third-party websites. We provide links to third-party websites for convenience only.

3. Mon B&CO. account

It may be necessary to create an account in order to use all or part of the Services. When you register or provide any other information relating to the Services, you undertake to provide accurate, up-to-date and complete information and to promptly update such information to ensure it remains accurate. You are solely responsible for managing your account and password and for keeping your password confidential. If you have forgotten your password, please click on the “Forgot Password” link and follow the on-screen instructions. You are also solely responsible for limiting access to your account, and you are strictly prohibited from allowing any other person to use your account.

You accept responsibility for all activities that occur under your account or through the use of your password. This includes, but is not limited to, payments or purchases made through your account. If you believe someone else knows or has obtained your password, use the password change function as soon as possible. Benny&Co. reserves the right to suspend or terminate any account or other registration if it suspects that the information you have provided is inaccurate or incomplete. You undertake to immediately notify Benny&Co. of any unauthorized use of your password or username or any other security breach.

4. Use of the Services

You undertake not to use the Services in any way that harms anyone, interferes with the operation of the Services or violates any law. As a condition of using the Services, you agree in particular to:

• keep the information you provide to Benny&Co. accurate, up to date and complete
• not share the access credentials to your account on the Services (username, password, multi-factor authentication key, etc.) with anyone
• not use false identities or impersonate other persons, nor make false statements about your affiliation with any such other person or entity
• not provide us with payment information belonging to a third party
• not access, modify or use the non-public parts of the Website or Application or related systems
• not attempt to search, analyze or test the vulnerability of the Website, the Application or any related system or network, nor circumvent the security or authentication measures used in connection with the Website, the Application and such systems and networks
• not attempt to decipher, decompile or disassemble the software used to operate the Website, the Application or to provide the features offered on the Website and the Application or reverse engineer such software
• not misuse the Services or use them in a manner contrary to their intended use, documentation, or Benny&Co.’s reasonable instructions
• not solicit, collect, transmit, store or otherwise make available confidential information or the personal information of a third party
•  

Benny&Co. reserves the right to investigate and prosecute violations of the foregoing, any harmful use or any use contrary to applicable laws, including any potential infringements or violations of intellectual property rights and potential security breaches, to the fullest extent permitted by law, and to terminate your Mon B&CO. account, interrupt your use of the Website and the Application or block access to them. Benny&Co. may call on law enforcement authorities and cooperate with them to prosecute anyone who violates these Terms of Use. You acknowledge that, although Benny&Co. has no obligation to monitor your access to or use of the Services, it is entitled to do so in order to provide the Services and to ensure that you comply with the Terms of Use or with applicable laws, a court order or the requirements of a court or other government body.

At its discretion, Benny&Co. may restrict, suspend or terminate your access to the Services in whole or in part, as well as your use of these Services, with or without prior notice. Benny&Co. may also suspend or terminate the Services in whole or in part with or without prior notice.

5. Orders placed through the Services

Our Services allow you to place orders for our products in the geographical areas and on the platforms where this feature is available. This section applies to orders you place using the Services.

Although Benny&Co. operates and controls the Services; we are not responsible for the operation of all Benny&Co. restaurants (collectively, the “Restaurants”). Many Restaurants are owned and operated by independent Benny&Co. franchisees. Each Restaurant is responsible for its own compliance with applicable laws, including for any matter relating to its supply of products. Some Restaurants may choose not to make their products available through the Services.

a) Orders from Restaurants

When you place an order online, although Benny&Co. makes the Website and the Application through which you place your order and through which your payment is collected accessible, when the Restaurant is owned by a franchisee, Benny&Co. performs these Services on behalf of the franchisee of the participating Restaurant with which you placed your order. In all circumstances, the contract for the supply of the products you have requested at the agreed-upon prices will be concluded between you and the Restaurant that accepts your order and fulfills it (either for you to pick up or by delivery).

When you use the Services to place an order, you must select the participating Restaurant where you wish to place your order and the approximate pickup time. When you choose the delivery service, the Restaurant that fulfills the delivery order will be designated (and not selected by you) based on a number of different factors, including your delivery address. Not all restaurants offer pickup and delivery.

Minimum and maximum order amounts may apply to orders placed through the Services. Benny&Co. may change such limits at its sole discretion from time to time.

Without limiting the generality of any other section of these Terms of Use relating to orders and payments, Benny&Co. reserves the right to limit or refuse any order, or any product in an order, that you place through the Services. If Benny&Co. is unable to accept an order or item, or if we choose not to accept the order or item in question, you will be notified and the amount for that order or item will either not be charged to you or will be refunded accordingly.

If your order is not collected at the chosen time, or if we attempt to make the delivery at the chosen time but are unable to do so through no fault of our own, your order will be rejected and no refund will be given.

b) Product availability, features and prices

Each Restaurant independently determines its own prices and independently applies applicable taxes and fees. Some offers and prices may not be available for all orders in all Restaurants. If you discover an error in the price of a product charged to you at a Restaurant, please contact our Customer Service Centre at : [email protected] All products are subject to availability at the Restaurant where you place your order. Some Restaurants do not sell all products. Product and packaging images representing the Services are examples only and may not be identical to the product or packaging you receive from a Restaurant.

Benny&Co. may change the price and other terms and conditions applicable to a purchase at any time and without prior notice. Prices for orders placed through the Services may differ from those shown for purchases made through other means. We reserve the right to at any time change the prices of products offered. We reserve the right to at any time change accepted payment methods, including the credit cards or other types of payment solutions that we are able to accept.

c) Order payment

Ordering online may require you to register and activate an account through the Services and to register a payment method. By placing an order or registering, you represent and warrant that you are of legal age and have all the legal rights to use the Services and any payment card you register. You may need to enable location services on your device for the ordering process to work properly. Benny&Co. uses third-party providers to securely store your payment method and process your payments. When you register a payment method, Benny&Co. may proceed with an authorization through a third-party payment processor using your payment method to verify its validity.

Fees paid for orders placed cannot be cancelled, returned or refunded. Benny&Co. has no obligation to provide refunds or credits.

d) Third-party websites and applications

For greater clarity, these Terms of Use do not apply to Benny&Co. delivery orders made through third-party applications or websites, including DoorDash, Skip and Uber Eats. If you have a problem with or question regarding an order made through a third party, please contact the party in question directly.

6. Offers made through the Services

Without limiting the scope of these Terms of Use, the following conditions apply specifically to offers made through the Services:

• The offer may be exclusive to the Services, valid only for the product indicated and only until its expiry date, subject to availability and only available in participating Restaurants.
• Unless otherwise indicated, each offer expires after use.
• Unless otherwise indicated, only one offer may be used per transaction.
• Offers are non-transferable.
• No cash compensation is offered.

Specific conditions may also apply to each offer, even if they are not mentioned in these Terms of Use.

7.    Mon B&CO. Program

7.1. Definitions

The Mon B&CO. Program, hereinafter referred to as the “Mon B&CO. Program”, is offered by BENNY & FRÈRES INC., whose head office is located at 60 Émilien-Marcoux Street, Blainville, Quebec J7C 0B5, in Benny&Co. restaurants, hereinafter referred to as the “Restaurants”.

It is understood that a transaction, hereinafter referred to as a “Transaction”, includes information about purchases made by a customer in each of the Restaurants or when they order online at benny-co.com or through an online ordering partner, and more specifically the items purchased, quantities purchased, the frequency of purchases, etc.

It is understood that the Mon B&CO. Program. includes, but is not limited to, all communications, offers and rewards that a member can receive and accumulate.

It is understood that a member, hereinafter referred to as a “Member”, means an individual registered in the Mon B&CO. Program and whose registration has not been revoked.

It is understood that a reward, hereinafter referred to as a “Reward”, includes, but is not limited to, all privileges, points, accesses or special statuses, item discounts, subtotal discounts or free merchandise that a Member may obtain, accumulate or apply after one or more Transactions.

7.2. General terms

7.2.1. The Mon B&CO. Program is the property of Benny&Co., and is offered to Benny&Co. customers, in collaboration with all Restaurants.

7.2.2. Benny&Co. may change the terms of the Mon B&CO. Program, its Rewards, its participation conditions or the fixed ratio applied for the allocation and use of loyalty points or Rewards, in whole or in part, at any time after a notice of 60 to 90 days has been given. The Member’s continued participation in the Mon B&CO. Program after changes are made will constitute their consent to such changes. Should the Member not approve of a change, they may withdraw from the Mon B&CO. Program by contacting Customer Service at 450-621-1990 or directly through the mobile application.

7.2.3. Benny&Co. may interrupt or terminate the Mon B&CO. Program at any time, after having given 60 to 90 days’ notice. If the Mon B&CO. Program is interrupted or terminated for any reason, Benny&Co. will not be liable in any way to its Members and will automatically be exempt from any harm caused to Members of the Mon B&CO. Program, if any, resulting from an interruption, termination or loss of rewards, or otherwise arising from such interruption or termination.

7.2.4. The Mon B&CO. Program is open to anyone residing in Quebec who is 14 years old and above[ar3.1]. Eligible individuals become Members of the Mon B&CO. Program as soon as they sign up using the Mon B&CO. Program mobile application, which is available for free in the Apple App Store or the Google Play Store.

7.2.5. Electronic acceptance of the terms of use constitutes acceptance by the Member of all of the terms of the Mon B&CO. Program and these terms and conditions.

7.2.6. Benny&Co. accepts no liability that may arise from any error or omission regarding the accuracy of the information contained in this document.

7.2.7. Any abuse and any fraudulent activity taking place in the Mon B&CO. Program, including, but not limited to, non-compliance with the Mon B&CO. Program policies and procedures, the sale or barter of Rewards, and misrepresentation of related facts or any other improper conduct as determined by Benny&Co. in its sole judgment, any inappropriate behaviour or harassment towards Benny&Co.’s employees or employees of its Restaurants or any refusal to obey the instructions of its employees may result in the cancellation of the Member’s account, their disqualification from the Mon B&CO. Program and the cancellation of their Rewards. Benny&Co. reserves the right to terminate memberships, withdraw or cancel cards, cancel accumulated Rewards, take legal action and recover damages and legal costs.

7.2.8. Benny&Co. reserves the right to interpret and implement the policies and procedures contained in these terms. Benny&Co.’s decisions are final and cannot be appealed in all cases.

7.3. Enrolling in the Mon B&CO. Program

7.3.1. To sign up for the Mon B&CO. Program, a customer must become a Member. Membership is free. To sign up, a customer simply needs to download the Mon B&CO. Program mobile application, available for free in the Apple APP store or the Google PLAY store, fill in required profile fields and accept these terms and the Privacy Policy by ticking the boxes provided for this purpose.

7.3.2. Members who cannot provide a valid email address cannot participate in the Mon B&CO. Program, as the email address field must be filled out to complete the profile. However, a Member may, at their sole discretion, accept or refuse to receive promotional communications from Benny&Co. and its affiliated partners. To make this choice, they can change their communication preferences at any time in their Member profile. Members understand that if they refuse to receive communications from the Mon B&CO. Program, they accept that they may be excluded from the allocation of certain privileges or Program Rewards.

7.3.3. A company or other legal entity may not become a Member.

7.3.4. Each Mon B&CO. Program account can only include one individual, using their legal name.

7.3.5. Only one virtual card will be issued per holder. Each cardholder has a unique card number. They cannot share their account with anyone, and they must not disclose their personal information or password to anyone.

7.3.6. Membership is non-transferable.

7.3.7. No retroactive credit will be given for purchases made before enrolment to the Mon B&CO. Program is duly completed.

7.3.8. Benny&Co.’s employees and employees of its Restaurants are also eligible for the Mon B&CO. Program. If ever a “contest”, as defined by the rules of the Régie de l’Alcool, des courses et des jeux, is offered as part of the Mon B&CO. Program, no employee, affiliated agency or person residing at the same address may be declared the winner.

7.3.9. If a Mon B&CO. Program Member’s mobile device is lost or stolen, they must immediately reset their password by contacting the privacy officer at [email protected].

7.3.10. If a Member of the Mon B&CO. Program suspects that fraud has occurred, they must immediately notify Benny&Co. by contacting the privacy officer at [email protected]. The balance of points or accumulated but unused Rewards will remain unchanged. Benny&Co. will cancel any points or Rewards in an account which the Member suspects were fraudulently accumulated.

7.3.11. If the information recorded in their member profile changes, the Member in question must update their profile by changing the fields on the mobile application. Benny&Co. may not be held liable for any error or omission relating to incorrect information contained in a Member profile.

7.4. Closure of an inactive account

7.4.1. Benny&Co. points do not have an expiry date. However, if a Member’s account is inactive for eighteen (18) consecutive months, the Member’s account will be closed, access to the account will be revoked, it will no longer be possible to use the virtual card and all points and Rewards accumulated in the account will be cancelled. To maintain an active status and registration in the Mon B&CO. Program, Members must accumulate or use points or a Reward at least once every eighteen (18) months or otherwise be active in Mon B&CO. Program activities.

7.4.2. If a Member of My Mon B&CO. Program dies, the Member’s account will be closed and the points accumulated in that account will be cancelled, that is, as long as Benny&Co.’s customer service is informed. If it is not informed, the account will be closed and points and Rewards will be reset to zero after eighteen (18) months of inactivity. 

7.5. Accumulating points

7.5.1. Points are counted exclusively on eligible items (after discounts and before taxes) including, but not limited to, menu items sold in Restaurants and online. No points will be issued for the purchase of a gift card, nor for tips, delivery charges or transaction fees relating to an online order. Benny&Co. may change the list of eligible items without prior notice.

7.5.2. Members will accumulate one point for every dollar spent (after discounts and before taxes).

7.5.3. To accumulate points on purchases, Members must present their virtual card before paying.

7.5.4. Accumulated points will be displayed in Member profiles on the mobile application within 24 hours of a qualifying Transaction.

7.6. Exchanging points

7.6.1. Members can redeem their points to pay, in whole or in part, for eligible product purchases in a Restaurant or online at benny-co.com.

7.6.2. Points have the following usage value: fifty (50) points are equivalent to one dollar (CA$1.00).

7.6.3. Members must have filled out all required fields in their profiles and confirmed their email address in order to redeem their points. Points can only be redeemed on eligible items, including, but not limited to, menu items sold in Restaurants and online. Points cannot be redeemed to pay for tips, delivery charges or Transaction fees relating to an online order. Benny&Co. may change the list of eligible items without prior notice.

7.6.4. Points are treated as a form of payment. Taxes are therefore calculated before points are used.

7.6.5. Benny&Co. may change the minimum number of usage points at any time with 60 to 90 days’ notice. Points issued during a purchase Transaction may only be used during a subsequent Transaction. Benny&Co. may establish limits on the use of points per Transaction. The use of points may be suspended in the event of failure or unavailability of the systems required for point management, without compensation.

7.7.  Rewards

7.7.1. Members must have filled out all required fields in their profiles and confirmed their email address in order to claim their Rewards.

7.7.2. Each Reward has its own specific terms of use and validity. To find out what the conditions of use of a Reward are, Members should refer to the legal notices accompanying the communications for each Reward.

7.7.3. A Reward is not, in any circumstances and for any reason, transferable, refundable or exchangeable with another Member or for money or any other reward, whether equal or not.

7.7.4. As part of the Mon B&CO. Program, Members can obtain Rewards such as free products, discounts on items, groups of items or their invoice subtotal, or Rewards at certain Benny&Co. partners.

7.7.5. As part of the Mon B&CO. Program, Members may receive promotional offers through which they can accumulate additional points when purchasing certain products or product combinations. Members may also from time to time receive personalized promotions, based on their purchases, preferences and profiles, among other things. Each personalized promotion is valid only for the account of the Member to whom it is offered and cannot be transferred.

7.7.6. Members may also receive additional points for completing actions determined by Benny&Co., such as referring a friend or taking a survey. Members can view the list of eligible actions at any time in the mobile application.

7.7.7. After using a Reward or a discount or obtaining a free product, the Program Member releases Benny&Co. from all liability or claims relating to the exchange and use of the Reward or any loss or harm caused by the products or services offered as a Reward.

7.7.8. Benny&Co. will not accept any liability for Rewards claimed by anyone if the Member in question has not previously reported the loss or theft of their virtual card (see reporting procedure above). The Member in question will assume full liability for Rewards claimed prior to such report having been made.

7.7.9. Le Membre comprend et accepte que les Récompenses offertes dans le cadre du Programme Mon B&CO. peuvent varier d’un Membre à l’autre autant sur le nombre que sur la valeur, et ce, en fonction du niveau atteint.

7.8. Levels

7.8.1. As part of the Mon B&CO. Program, Members accumulate two types of points: B&CO. points and level points. The points balance displays the current balance of points accumulated and redeemed since the enrolment date. Members may redeem their points to pay, in whole or in part, for eligible product purchases made in Restaurants or online at benny-co.com. The point balance displays the number of points accumulated since the beginning of a 12-month reference period. Level points are used to determine the level the Member has reached. When a new reference period begins, level points are automatically reset to 0. Members are then given a new 12-month period to accumulate level points.

7.8.2. Each Mon B&CO. Program level offers exclusive benefits. Members begin at the Apprentice level upon enrolling in the Mon B&CO. Program. To reach the Roaster level and have additional benefits, a Member will need to accumulate 850 points during a qualification period of 12 months. The first qualification period begins when a Member enrolls in the Mon B&CO. Program, making that the level anniversary date.

7.8.3. On the level anniversary date, or when a new qualification period begins, a Member who has not accumulated at least 850 points will retain their Apprentice level or be demoted to it.

7.9.  Privacy and information

7.9.1. Benny&Co. will keep all personal information collected about Mon B&CO. Program Members confidential and secure. Members may read the Privacy Policy at any time at https://www.benny-co.com/en/privacy-policy/.

7.9.2. Information on the Rewards available to Members can be found in the Mon B&CO. Program mobile application. The information available when a Member logs into their profile includes information regarding profile fields, their Transactions, the points they have accumulated and other Rewards they are entitled to.

7.9.3. Mon B&CO. Program Members may access the information held in their files, contest the accuracy of the data it contains and correct any erroneous information. To access their files, Members must contact the privacy officer at [email protected].

7.94. If a Member voluntarily withdraws from the Mon B&CO. Program, unused points and Rewards will be cancelled and the Member’s information will be deleted.

Example