These Terms and Conditions ("Terms") govern your access to and use of nanisgelato.com and related webpages, forms, features, and content (collectively, the "Site"), operated by Nani's Gelato Inc. ("Nani's Gelato," "we," "us," or "our").

By accessing or using the Site, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site. You must be at least the age of majority in your province or territory to submit a franchise application or enter into a binding transaction through the Site.

1. Permitted Use

You may use the Site for lawful, personal, and non-commercial purposes and to learn about Nani's Gelato, its products, locations, catering, and franchise opportunities. You agree not to:

• Use the Site in violation of law or the rights of any person;
• Submit false, misleading, fraudulent, infringing, unlawful, or malicious information;
• Interfere with the Site's operation, security, servers, networks, or another person's use;
• Attempt to gain unauthorized access to accounts, systems, or data;
• Introduce viruses, automated scraping tools, excessive requests, or other harmful code or processes; or
• Copy, modify, distribute, sell, license, reverse engineer, or commercially exploit the Site or its content except as expressly permitted by us in writing.

2. Forms and Information You Submit

The Site may include forms for general inquiries, catering requests, newsletter subscriptions, promotions, and franchise inquiries or applications. You represent that information you submit is accurate, current, and complete and that you have the right to provide it. You are responsible for updating information where appropriate.

Submitting a franchise inquiry or application does not create a franchise relationship, agency, partnership, offer, commitment, exclusivity right, or obligation on our part. Any franchise opportunity is subject to further review, applicable franchise disclosure legislation, a formal disclosure process, and fully executed agreements. Nothing on the Site is a franchise offering in a jurisdiction where such an offering would be unlawful.

3. Electronic Communications

When you contact us electronically, you consent to receive replies and administrative communications electronically. Where a form includes a separate option to receive marketing calls, emails, or text messages, we will send those communications based on your selection and applicable law. You may withdraw marketing consent using the methods described in the message or in our Privacy Policy.

4. SMS Terms & Conditions

By opting in, you agree to receive text messages from Nani's Gelato regarding franchise inquiries and related franchise opportunities. Message frequency may vary. Message and data rates may apply. Unsubscribe anytime by replying STOP. For assistance, reply HELP, or email [email protected]. Consent is not a condition of purchasing any goods or services.

Carriers are not liable for delayed or undelivered messages. Delivery is subject to wireless network availability. You are responsible for charges imposed by your mobile carrier. You represent that you are the subscriber or customary user of the mobile number provided and will notify us if that number changes or is reassigned.

After you reply STOP, we may send one final message confirming your opt-out. Replying HELP will provide assistance information. For privacy information, including how SMS opt-in and consent data is handled, see our Privacy Policy. Mobile phone numbers, SMS opt-in information, and consent data will not be sold, shared, or disclosed to third parties or affiliates for marketing or promotional purposes.

5. Intellectual Property

The Site and its content, including names, logos, trademarks, photographs, graphics, text, menus, designs, videos, software, and arrangement, are owned by or licensed to Nani's Gelato and are protected by Canadian and international intellectual-property laws. Nani's Gelato and related marks are trademarks or trade names of their respective owners. No licence is granted except a limited, revocable, non-transferable permission to access the Site for its intended purpose.

You may not reproduce, publish, modify, transmit, distribute, display, perform, create derivative works from, sell, or otherwise exploit Site content without prior written permission, except for a single copy for lawful personal use where permitted.

6. Menu, Pricing, Availability, and Information

Menu items, ingredients, flavours, allergen information, nutritional information, prices, promotions, store hours, and availability may change and may vary by location. Images are illustrative. Franchise locations may be independently operated and may offer different products or pricing. Please contact the relevant location directly to confirm current information, particularly if you have allergies or dietary requirements.

We try to keep Site information accurate and current but do not guarantee that it is complete, accurate, or error-free. We may correct errors or update information without notice.

7. Gift Cards, Orders, Promotions, and Third-Party Services

Gift cards, ordering, delivery, reservations, contests, promotions, payment processing, or other services may be provided by franchisees or third parties and may be subject to additional terms. A link to or integration with a third-party service does not make us responsible for that service. Review the applicable terms and privacy policy before using it.

8. Third-Party Links

The Site may link to websites, platforms, or resources operated by third parties. Links are provided for convenience and do not necessarily imply endorsement, sponsorship, or affiliation. We do not control and are not responsible for third-party availability, content, accuracy, security, products, services, or practices. You access third-party resources at your own risk.

9. Privacy

Our Privacy Policy explains how we collect, use, disclose, and safeguard personal information. By providing personal information through the Site, you acknowledge the practices described in that Policy. If these Terms conflict with the Privacy Policy regarding the handling of personal information, the Privacy Policy will govern to the extent of the conflict.

10. Disclaimer of Warranties

To the fullest extent permitted by law, the Site and its content are provided "as is" and "as available." Nani's Gelato disclaims all representations, warranties, and conditions, express, implied, statutory, or collateral, including warranties or conditions of accuracy, availability, merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components.

Nothing in these Terms excludes a warranty, condition, right, or remedy that cannot lawfully be excluded or limited.

11. Limitation of Liability

To the fullest extent permitted by law, Nani's Gelato and its affiliates, franchisees, licensors, service providers, and their respective directors, officers, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, data, goodwill, or business opportunity; or damages arising from use of or inability to use the Site, reliance on Site content, or access to third-party services, even if advised of the possibility of such damages.

Where liability cannot be excluded, it will be limited only to the extent permitted by applicable law. Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.

12. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Nani's Gelato, its affiliates, franchisees, licensors, service providers, and their respective directors, officers, employees, and agents from claims, liabilities, losses, damages, costs, and reasonable legal fees arising from your unlawful misuse of the Site, information you submit, infringement of another person's rights, or breach of these Terms. We may assume control of the defence of a matter subject to indemnification, and you agree to cooperate reasonably.

13. Suspension and Termination

We may restrict, suspend, or terminate access to all or part of the Site, or remove submitted content, where we reasonably believe these Terms have been violated, security is at risk, or action is needed to protect Nani's Gelato, users, or third parties. Provisions that by their nature should survive termination will survive, including intellectual-property, disclaimer, liability, indemnity, and governing-law provisions.

14. Changes to the Site and These Terms

We may change, suspend, or discontinue any Site feature or content without notice. We may update these Terms from time to time by posting the revised version and changing the effective date above. Where required by law, we will provide additional notice. Continued use of the Site after revised Terms take effect means you accept them.

15. Governing Law and Jurisdiction

These Terms and any dispute concerning the Site are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws rules. Subject to rights you may have under mandatory consumer-protection law, you agree to the exclusive jurisdiction of the courts located in Ontario.

16. General

These Terms and the Privacy Policy constitute the entire agreement between you and us regarding use of the Site, except where additional terms apply to a particular service. If a provision is held invalid or unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions will continue in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them as part of a reorganization, merger, sale, or transfer of business. Headings are for convenience only.

17. Contact Us

Questions about these Terms, the Site, or SMS communications may be directed to:

Nani's Gelato Inc.
Attention: Legal / Franchise Support
1A-6039 Erin Mills Parkway
Mississauga, ON L5N 0G5
Email: [email protected]