Areas of Operation - Canada

To capture every customer possible and provide a consistent Edible International experience at all times, Edible International franchisees are strictly prohibited (without Edible prior written authorization) from refusing to deliver products to customers and recipients located within the areas where Edible allows them to operate. Edible has the right to redirect any order from a franchisee who limits its delivery service without prior authorization to another franchisee servicing that area.  

Each franchisee is responsible for ensuring on a daily basis that the areas in which it is permitted to operate (that is, its contractual Delivery Arear, its contractual Delivery Area, and (if applicable, as described below) any other area in which Edible temporarily allows the franchisee to operate) are accurately reflected on the owners portal of Edible.com. It is not Edible responsibility to do so.  

Each Franchise Agreement prohibits the franchisee from accepting or fulfilling orders for delivery to customers and/or recipients that are located outside both its Delivery Area and Delivery Area, as those terms are defined in the Franchise Agreement. Nevertheless, as has been the case for a number of years, Edible is willing to allow various franchisees in appropriate circumstances - ON A TEMPORARY BASIS ONLY - to accept and fulfill orders for delivery to customers and/or recipients that are located in certain postal codes beyond their Delivery Area and Delivery Areas. Franchisees interested in doing so must - going forward - submit their requests on-line through ncompass following Edible specified procedures and then look on Edible Connect to see if their requests have been granted. While Edible might separately notify a franchisee that Edible has granted or refused its request, it is the franchisee's primary responsibility to determine that decision by checking Edible Connect daily. If the franchisee sees one or more of its requested postal codes listed (beyond its Delivery Area and Delivery Area), that means it will be allowed temporarily to accept and fulfill orders for delivery to customers and/or recipients in those postal codes. If the franchisee does not see one or more of its requested postal codes listed (beyond its Delivery Area and Delivery Area), that means it is not allowed to accept and fulfill orders for delivery to customers and/or recipients in those postal codes. Edible expects to take up to 30 days to grant or deny a franchisee's request submitted on-line through ncompass.  

By submitting the request through ncompass for temporary authority to accept and fulfill orders for delivery to customers and/or recipients located in postal codes beyond their Territories and Delivery Areas, and through the simple act of actually accepting and fulfilling those orders, franchisees automatically, without further action, will be deemed to acknowledge their understanding and acceptance each day of the terms and conditions upon which they are allowed to do so, as provided in these Rules and elsewhere in the Operations Manual. Franchisees who do not understand or agree to such terms should not submit their requests at all because Edible will not consider or grant any franchisee request to service more postal codes, albeit temporarily, unless the franchisee understands and agrees to the terms. Edible  has no obligation whatsoever to grant a franchisee's request to service more postal codes temporarily.  

Franchisees whom Edible allows to accept and fulfill orders for delivery to customers and/or recipients located in postal codes beyond their Delivery Area and Delivery Areas - by their act of submitting their requests and then (if such postal codes are listed on Edible Connect as postal codes in which they may accept and fulfill orders for delivery) by actually accepting and fulfilling the orders - will be deemed to acknowledge each day that Edible may revoke this approval with respect to one or more or all of those postal codes, at any time and for any or no reason, simply by updating Edible Connect to remove those postal codes from the particular franchisee's list of postal codes. That is why franchisees must view this part of Edible Connect each day - to determine whether they still may accept and fulfill orders for delivery to customers and/or recipients located in postal codes beyond their Delivery Area and Delivery Areas.  

As soon as Edible revokes its approval of a franchisee's right to accept and fulfill orders for delivery to customers and/or recipients located in postal codes beyond its Delivery Area and Delivery Area, regardless of the reason, which the franchisee will learn by viewing Edible Connect each day, the franchisee must - as of that date - cease accepting and fulfilling new orders for delivery within the particular postal codes and, going forward, must accept and fulfill orders for delivery only within the Delivery Area and Delivery Area expressly permitted by its current Franchise Agreement. The franchisee's failure to comply will be a material breach of its Franchise Agreement. When Edible  revokes its approval of the franchisee's temporary right to accept and fulfill such orders, Edible will have no liability to the franchisee at all for that decision or its impact on the franchisee because that decision is expressly allowed above, and Edible right to make that decision was a condition of its permission in the first place. The rights granted to the franchisee beyond its Delivery Area and Delivery Area are meant to be TEMPORARY. [If Edible temporarily allows a franchisee to accept and fulfill orders for delivery to customers and/or recipients located in postal codes beyond its Delivery Area and Delivery Area, that is absolutely no indication or statement by Edible that the franchisee is then in compliance with its Franchise Agreement and all System Standards.]  

 The procedures described above and in ncompass will apply to all franchisees and all postal codes currently being serviced by franchisees beyond their contractual Delivery Area and Delivery Areas. In other words, any permission (whether granted in writing, by email, or orally) that Edible has in the past granted a franchisee to service postal codes beyond its Delivery Area and Delivery Area will continue unless and until Edible revokes its approval for the franchisee to service one or more or all of such postal codes by removing such postal codes on Edible Connect from the franchisee's list of permitted postal codes. Franchisees whom Edible has allowed, before the issuance of these Rules, to accept and fulfill orders for delivery to customers and/or recipients located in postal codes beyond their Delivery Area and Delivery Areas - by their continuing to accept and fulfill orders in such postal codes - are deemed to acknowledge each day that Edible may revoke this approval with respect to one or more or all of those postal codes, at any time and for any or no reason, simply by updating Edible Connect to remove those postal codes from the particular franchisee's list of postal codes.  

 The procedure described above is also Home Office in and made a part of the Edible Connect Rules and Regulations posted in the Operations Manual, and as such, each time the franchisee or one of its employees logs onto the SMS system, the franchisee or its employee will be asked to accept electronically the Edible Connect Rules and Regulations before proceeding further in the SMS system. Each time a franchisee's employee indicates its acceptance of the Edible Connect Rules and Regulations, that acceptance will be deemed to be the franchisee's acceptance of the Edible Connect Rules and Regulations.  

 Postal Code Guidelines:  

Postal codes will be serviced by the five closest locations within a 24km radius. This is determined by a bird’s eye view according to our internal database. If there are no stores within 24km of a postal code, only the closest location requesting will be eligible to service that prefix. If the postal code is bisected by the 24km radius, our team will analyze the area on a case by case basis and determine allocation based on business demand and overall demographics.  
   
Because our system operates from a bird’s eye view, we’re unable to identify geographical landforms or other objects that may hinder your drive-time to these locations. Therefore, we ask that you please review your service area within Edible Connect daily. If there are any postal codes that you are unable to service during both peak and off-peak times, please send in a helpdesk ticket stating the postal code you would like to remove, and our team will review within 30 days.  

Postal codes within your current delivery area prefixes will be automatically refreshed by Netsolace. If there are any prefixes within your delivery area that you do not wish to have refreshed due to factors such as distance, please let us know.