Code of Conduct

 

Policy & Procedure for Compliance with the FCAC Code of Conduct for the Credit and Debit Card Industry in Canada

Updated September 29, 2025.

1. Purpose

The purpose of this policy is to outline Waitery’s compliance with the Financial Consumer Agency of Canada (FCAC) Code of Conduct for the Credit and Debit Card Industry in Canada. The Code protects merchants by ensuring transparency in fees and terms, fairness in contract cancellation rights, and access to clear complaint-handling processes.

2. Scope

This policy applies to:

  • All merchants and restaurants using Waitery’s platform and payment services in Canada.
  • All Waitery employees and contractors involved in merchant onboarding, payment processing, or support.
  • All partner banks, acquirers, and payment processors working with Waitery.

3. Commitment to the Code of Conduct

Waitery commits to:

  • Transparency – Agreements and statements are clear, detailed, and easy to understand.
  • Disclosure – Merchants receive required fee, rate, and agreement information before signing and throughout the agreement.
  • Fair Treatment – Merchants retain the right to cancel agreements without penalty as outlined in the Code.
  • Complaint Handling – Merchant concerns are addressed promptly and fairly.
  • Ongoing Compliance – This policy is reviewed annually for regulatory updates.

4. Procedures

4.1 Contracts and Disclosures

  • All merchant agreements include:
    • A Summary of Key Elements.
    • A Cost per Transaction Disclosure.
    • A Disclosure of Fees.
  • These disclosures are provided electronically or in print at the time of contract execution.
  • Merchants may waive receipt of disclosures only if both parties are represented by legal counsel; disclosures remain available upon request.

4.2 Fee Changes and Notifications

  • Waitery (or its acquirer/processor, as applicable) will notify merchants between 30 and 60 calendar days prior to the effective date of:
    • Any new or increased acquirer/processor fee passed on in part or in full.
    • Any new or increased applicable domestic PCNO core fee passed on in part or in full.
    • Any reductions in applicable domestic PCNO core fees not fully passed on to merchants.
  • Notices will include:
    • The previous and new amounts.
    • The source of the change (Waitery, acquirer/processor, or PCNO).
    • The portion of the change passed on to the merchant.
    • The merchant’s right to cancel without penalty under Clause 4.3, including the date the 70-day post-effective-date window expires (or a reminder of the right to exit at any time if no fixed term/penalties).

4.3 Cancellation and Renewal

  • Cancellation rights for price changes: Merchants may cancel agreements without penalty:
    • Within 90 days of receiving notice of new/increased fees or material changes, or
    • Within 70 days after the effective date of such changes, whichever is longer.
  • Cancellation processing: After a merchant gives notice to cancel, Waitery (or its acquirer/processor) will provide all required cancellation documentation within 5 business days. The cancellation takes effect on the date requested by the merchant, provided any outstanding obligations are met and the requested date is at least 30 calendar daysafter submission of required documentation (unless both parties agree to an earlier date).
  • Renewals and related service agreements:
    • Related service agreements must not exceed the term of the primary merchant agreement; if the primary agreement has no term, related agreements must also be without a term.
    • Fixed-term agreements cannot automatically renew for the full initial term; they may convert to automatic extensions of six months or less.
    • A merchant may provide notice of non-renewal at any time during the agreement period (including for any related service agreement) up to 45 calendar days prior to renewal or the end of each extension term.

4.4 Complaint Handling

  • Submit complaints to contactus@waitery.ca or (289) 309-9579.
  • Process:
    1. Acknowledgment within 5 business days.
    2. Decision within 20 calendar days.
    3. If more time is required, Waitery will inform the merchant in writing of the reason for the delay and the expected resolution date.
  • All complaints are logged and tracked until resolution.

4.5 Record Keeping

  • Merchant agreements, disclosures, fee notices, and complaint records are retained for a minimum of 7 years.
  • Records are stored securely and audited periodically.

4.6 Merchant Statements

  • Merchants receive and/or have access no less frequently than monthly to:
    • The effective merchant discount rate for the aggregate of each PCNO card type accepted.
    • The rate and total amount charged for interchange, wholesale discount rates, network assessment fees, and all other rates and fees charged in the period.
    • The number and volume of transactions for each type of payment transaction.
  • Blended/flat-rate pricing: In lieu of the above, merchants receive and/or have access no less frequently than monthly to:
    • The per-transaction rate, inclusive of any percentage discount rates and any per-transaction supplemental charge.
    • The rate and total amount charged for interchange, wholesale discount rates, network assessment fees, and all other rates and fees not included in the per-transaction rate.

4.7 Merchant Choice – Limited Acceptance

  • Merchants may accept either domestically issued credit or domestically issued debit card payments from a PCNO without being obligated to accept both.
  • Merchants may decline premium credit cards or contactless transactions at their discretion, consistent with applicable network rules and any notice requirements to consumers.

4.8 Discounts by Payment Method

  • Merchants may offer discounts for different payment methods (e.g., cash, debit, credit).
  • Merchants may offer differential discounts among card networks, provided such practices comply with applicable network rules and consumer disclosure requirements.

5. Escalation to the FCAC

If a merchant is dissatisfied with Waitery’s resolution, they may escalate to the Financial Consumer Agency of Canada (FCAC):

Financial Consumer Agency of Canada

427 Laurier Avenue West, 6th Floor

Ottawa, ON K1R 1B9

Phone: 1-866-461-3222

Website: www.canada.ca/en/financial-consumer-agency

6. Roles and Responsibilities

  • Compliance Officer – Oversees adherence to the Code, complaint resolution, and annual reviews.
  • Customer Support Team – First point of contact for merchant issues.
  • Management Team – Reviews and approves updates; ensures resources for compliance.

7. Training

All Waitery staff involved in merchant onboarding, support, or payment services receive annual Code of Conduct training, including:

  • Disclosure requirements.
  • Complaint handling process.
  • Cancellation rights and notice obligations.

8. Review and Updates

  • This policy is reviewed annually or upon changes to the Code.
  • Updates are approved by the Compliance Officer and circulated to staff and merchants.

9. Contact Information

Waitery Compliance Department

Email: contactus@waitery.ca

Phone: (289) 309-9579

Address: 7111 Cadiz Crescent, Mississauga, ON L5N 1Y3