Terms of Service

Effective as of April 14, 2025

BY USING THE SERVICES, YOU ARE AGREEING TO THE TERMS. PLEASE READ THEM CAREFLLY AS THESE TERMS OF SERVICE CONTAIN CERTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY AND A BINDING ARBITRATION CLAUSE. PLEASE READ THEM CAREFULLY.

FMI Better Bread Company Inc. (“Better Bread”) is a proud franchisee of the Panera Bread® restaurant brand in Canada. These Terms of Service (the “Terms”) govern your use of any Canadian website, App, digital in-restaurant kiosk, or other online service or platform (the “Services”) operated by Better Bread or any of its affiliates in relation to the Panera Bread® brand in Canada.

The Panera Bread® system is made up of company-operated, franchised, and licensed Panera Bread® restaurant and commercial products businesses. This means that we, as a Panera Bread® franchisee, independently own and operate our business and may do certain things differently than other entities in the system. Such other entities are not responsible or liable for any of our services, even if linked to our services, or for our privacy practices.

Binding Agreement

The Terms are a binding legal contract between you and Better Bread. Please read the Terms carefully before using the Services. Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.

To the fullest extent permitted by applicable law, we may modify the Terms at any time. Your use of the Services after we post modifications to the Terms means that you accept the modified Terms.

By using the Services, you acknowledge that you have reviewed and understand our Privacy Policy found here and consent to the practices described in that policy.

My Panera® Canada Loyalty Program and Panera Bread® Gift Cards

The MyPanera® Canada Loyalty Program found here and Panera Bread® Gift Cards found here have additional terms and conditions (the “Additional Terms”), which are incorporated herein by this reference. By using either of those Services, you agree to the applicable Additional Terms.

If there are any conflicts between these Terms and the Additional Terms for the MyPanera® Canada Loyalty Program, the MyPanera® Canada Loyalty Program Additional Terms will control.

If there are any conflicts between these Terms and the Additional Terms for Gift Cards, the Additional Terms for Gift Cards will control.

Registration and Security

You may register for certain activities provided through the Services. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account. Better Bread has the right to suspend or terminate any account or other registration if it suspects that such information is inaccurate or incomplete. You agree to immediately notify Better Bread of any unauthorized use of your password or username or any other breach of security.

You are responsible for any devices and / or software needed to use the Services. Better Bread does guarantee that the Services will function on any particular device or with any particular software. You are responsible for any messaging and data charges, fees and associated with your use of the Services.

Prohibited Content and Activities

You may not use the Services to take any action that could harm us or anyone else, interfere with the Services, or use the Services in a manner that violates any law or regulation. For example, you are NOT permitted to use the Services to:

ii. Engage in unlawful or illegal activity;

iii. Launch automated systems such as “robots”, “spiders”, etc.;

iv. Collect or harvest personal information;

v. Impersonate any person or misrepresent your identity; and/or

vi. Infringe the rights or threaten the safety of any person.

Possible evidence of use of the Services for such purposes will be provided to law enforcement authorities, or otherwise result in legal action by Better Bread in its discretion.

Intellectual Property

Subject to any information submitted by you (which you shall retain ownership of), all content, code, software, and any other materials that are part of the Services is the property of Panera Bread® and used under license. For clarity, Services includes, but is not limited to any and all content, such as text, images, graphics, logos, page headers, icons, images, digital downloads, software, trademarks, service marks, audio, video, data and other materials (collectively, the “Content”).

Content, such as trademarks, logos and brand elements shall include, but are not limited to the following: PANERA BREAD®, PANERA®, Mother Bread design logo, MYPANERA®, MYPANERA® CANADA LOYALTY PROGRAM, and YOU PICK TWO, (the “Marks”).

You may use the Services and print copies of the Content solely for non-commercial, informational, personal use, without modification, and only so long as you comply with these Terms. Nothing in these Terms is intended to transfer any such rights to, or to vest any such rights in, you.

All other trademarks used by us or in connection with the Services are the property of their respective owners.

Third Party Providers

The Services may offer opportunities for you to transmit content via or to third-party websites and online resources. Any use of third party features is subject to the terms of use of the applicable third-party website or product and not these Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply. Better Bread cannot control, and is not responsible for, any such third parties or their features.

User Content

Certain areas of the Services may enable you to publicly post comments, send emails, or otherwise submit information to us. You remain fully responsible for the content that you provide in connection with the Services, including information, audio recordings, videos, photographs, documents, or any other materials (collectively, the “User Content”). In addition to complying with the requirements in respect of Prohibited Content and Activities above, you agree not to provide User Content that in the opinion of Better Bread:

Infringes or violates the copyright, trademark, patent, other intellectual property right, or other proprietary right of any person or entity;
Is false, misleading, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually explicit;
Violates any person or entity’s right to privacy or publicity;
Contains advertising or a solicitation of any kind;
Personally attacks or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
Transmits, stores, or otherwise makes available a virus, Trojan horse, worm, spyware, bot, or other harmful programming routine;
Makes available material of a commercial nature or sends, causes or permits to be sent commercial electronic messages, including but not limited to advertising, promotions, junk mail, spam, pyramid schemes, chain letters, or solicitations of any kind;
Violates any applicable law, or advocates illegal activity.
Subject to applicable law, we also have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party's intellectual property rights, of the third party's right to privacy, or of any other applicable local, provincial, state, national, or international law.

If the Services permit you to submit User Content, you may only provide User Content that is original and that you have the right to provide. By providing us User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.

If you are under the age of 13, you may not provide any User Content to us. Subject to applicable law, if you are under the age of majority in your jurisdiction of residence but at least 13 years of age, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian of a person under the age of majority in your jurisdiction of residence who uses the Services or provides us with User Content, you are agreeing to these Terms on behalf of such individual. Please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.

Links and Third Party Content

The Services may contain links to other websites or online services that are not under the control of Better Bread. The Terms do not apply to such other websites and online services. We encourage you to review the privacy policies and terms of use of these other websites or services.

We may incorporate third party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third-party materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree that Better Bread assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not.

Online Ordering

You may be permitted to order and pay for certain products at or prior to arrival at participating Panera Bread® bakery-café locations (“Online Ordering”), and / or pay for certain items you order either through the Panera Bread® mobile application or through the use of third party services (“Mobile Payment”). Please note that Online Ordering may not be available for all Panera Bread® bakery-café, and some Panera Bread® bakery-café locations may not sell all menu items.

You are responsible for payment of your order by means of a payment option made available through the online ordering Services at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. By providing a valid form of accepted payment, and by submitting your order, you authorize payment using the payment method specified by you at the time of your order. Please note that we use third party providers and may accept various third-party services to process payments. All dollar amounts on the Services are in Canadian dollars.

The Panera Bread® bakery-café identified when you place your order is responsible for preparing and fulfilling your order and for any questions or other communications regarding your order.

Better Bread reserves the right to change the prices displayed through the online ordering Services and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes, and fees, separately stated delivery and service fees, or other related surcharges. Charges paid for completed orders are final and non-refundable, except at the sole discretion of Better Bread.

Minimum order amounts may apply for orders placed through the online ordering Services. Any applicable taxes and fees, separately stated delivery and service fees, or other related surcharges due in connection with your order will be identified on the checkout screen before you place your order. If you do not agree to the prices charged for the items listed or any delivery fee, service fee or related surcharge identified on the checkout screen, do not proceed with ordering. There may be limits on the dollar amounts and number of orders that may be placed through the online ordering Services. Discounts, coupons and other offers may not be able to be combined with orders placed through online ordering Services.

Termination of Services

In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Better Bread is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Errors will be corrected when discovered and Better Bread reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).

Otherwise applicable sections of these Terms shall survive termination. Better Bread also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the Better Bread Content.

Governing Law, Arbitration, and Class Action Waiver

Except where prohibited by applicable law, which may include the Province of Québec, the following terms apply to all legal disputes between you and Better Bread. These Terms are governed by the laws of the Province of New Brunswick and the federal laws of Canada where applicable, without giving effect to their principles of conflicts of law. Except where prohibited by applicable law, which may include the Province of Québec, by using the Services, you waive any claims that may arise under the laws of other provinces, countries, territories, or jurisdictions.

Except where prohibited by applicable law, which may include the Province of Québec, with respect to any and all disputes arising out of or relating to the Services or these Terms (including without limitation the Privacy Policy), shall be settled exclusively through confidential binding arbitration in accordance with the applicable law. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. The parties hereto irrevocably submit to the jurisdiction of the province of New Brunswick or the Federal Laws of Canada (as applicable) except where prohibited by applicable law, which may include the Province of Québec.

Disclaimer of Warranties

THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUÉBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF REPRESENTATIONS, WARRANTIES OR CONDITIONS, SO SOME OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY BETTER BREAD. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED IN THE SERVICES, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. BETTER BREAD EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR BETTER BREAD CONTENT. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF BETTER BREAD SHALL CREATE ANY WARRANTY OR CONDITION.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Exclusive Remedy and Limitation of Liability

THAT THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUÉBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY, SO SOME OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW.

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL BETTER BREAD, ITS LICENSORS, FRANCHISORS, AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY BETTER BREAD CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BETTER BREAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, BETTER BREAD’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.

Indemnification

You agree to indemnify, hold harmless, and defend Better Bread, its affiliates, licensors, franchisors, any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable legal fees and fees of other professional advisers, arising out of or in connection with:

your use of the Services;
your online conduct in connection with the Services;
your (or anyone acting under your password or username) violation or breach of these Terms;
your failure to comply with any applicable laws or regulations in connection with the Services;
your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services; or
any of your dealings or transactions with other persons, persons or third party platforms resulting from use of the Services. You shall not settle any such claim without the prior written consent of Better Bread.
These obligations will survive any termination of these Terms.

Integration, Severability and Waiver

These Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between Better Bread and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

You may contact us at:

417 Connell Street
Woodstock New Brunswick
E7M 5G5

panerafeedback@fmigroup.ca