LEGAL

Terms of Service

The plain-English rules for using icyvibes — our website, app, stores, online ordering, Vibes Club, gift cards and everything in between.

These Terms of Service (also serving as our Terms & Conditions of use, the "Terms") are a legal agreement between you and ICYVIBES GROUP INC. ("icyvibes", "we", "us" or "our"). They explain what you can expect from us and what we ask of you when you visit our stores, browse icyvibes.ca, use our mobile app, place an order, or take part in the Vibes Club. Please read them carefully.

We have tried to keep the language warm and readable, because a policy nobody understands helps nobody. Where something is a real legal requirement, we say so clearly.

1. Acceptance of these terms & who we are

icyvibes is a crèmerie & chocolaterie brand operated by ICYVIBES GROUP INC., a company based in the Province of Quebec, Canada. We run two physical stores in Quebec, the website at icyvibes.ca, and the icyvibes mobile app for iOS and Android.

By visiting our stores, using our website or app, placing an order, joining the Vibes Club, or otherwise interacting with any icyvibes service, you agree to these Terms and to our Privacy Policy. If you do not agree with them, please do not use our services.

Together, everything covered by these Terms is referred to as the "Services".

2. Scope — what these terms cover

These Terms apply to all of the ways you can experience icyvibes, including:

3. Eligibility & accounts

You may browse our website and menu freely. To join the Vibes Club or place certain orders, you may need to create an account or provide contact details. You must be old enough under Quebec law to enter into a binding agreement, or have the consent of a parent or guardian.

The Vibes Club uses passwordless sign-in: instead of a password, we email you a one-time code (OTP) that you enter to log in. Because your account is tied to your email address, please:

You are responsible for activity that happens under your account. We may suspend or close an account that is used in a way that breaks these Terms or the law.

4. Ordering & payment

In store. Purchases you make at our Dollard-des-Ormeaux or Sainte-Anne-de-Bellevue locations are completed at the point of sale, in Canadian dollars, plus applicable taxes.

Online ordering. Online orders are currently processed through our third-party provider, Mealsy (onlineordering.mealsy.ca), and will transition to Silverware POS in the future. When you order online, your order, payment and any pickup or delivery details are handled through that provider's platform, which has its own terms and privacy practices. We are moving to Silverware POS over time; the provider handling your order will be the one shown at checkout.

Third-party delivery. You can also order icyvibes through DoorDash, Uber Eats and SkipTheDishes. When you do, the order, payment, delivery, fees, tips and any related support are governed by that marketplace's own terms and policies, not ours. Pricing, availability and menu selection on those platforms may differ from our stores.

Prices, menu & availability. Prices, menu items, flavours and availability may change at any time without notice, and some items are seasonal or limited. We do our best to keep listings accurate, but occasionally an item may be sold out or a price may be shown in error; if that happens, we may cancel or correct the affected order and refund any amount already charged. All prices are in Canadian dollars and exclude applicable sales taxes unless stated otherwise.

Made-to-order items. Custom and made-to-order items — such as ice-cream cakes, macarons, sharing platters, coated strawberries and knafeh — generally require 1–2 days advance notice. These items may require a deposit or prepayment, and because they are prepared specifically for you, changes or cancellations may not be possible once preparation has begun.

5. Vibes Club loyalty program

The Vibes Club is our free loyalty program, offered through the icyvibes app. Here is how it works:

Points and rewards have no cash value, cannot be exchanged for cash, and are non-transferable. They are a promotional benefit, not property. Points may not be earned on taxes, gratuities, gift-card purchases, or certain third-party delivery orders, and specific offers may carry their own conditions.

We may, at our reasonable discretion, adjust how points are earned or redeemed, set or change expiry rules, correct point balances that were awarded in error, or modify, suspend or end the Vibes Club program. Where the law requires notice of such changes, we will give it. If the program ends, we will let members know and provide a reasonable period to redeem eligible points.

6. Gift cards

icyvibes gift cards are available in store today, with online gift cards launching soon (through Silverware). Unless we clearly state otherwise:

Under Quebec consumer-protection rules, our gift cards do not carry an expiry date on the funds and are not subject to usage or maintenance fees. Any promotional or bonus value may have its own conditions, which we will disclose.

7. Food, allergens & health disclaimer

Please read this section carefully if you have a food allergy or intolerance. Our products are made in facilities that also handle nuts, dairy, gluten, soy and eggs. Even when a specific item does not list one of these ingredients, cross-contamination is possible, and we cannot guarantee that any product is free from any particular allergen.

If you have an allergy, sensitivity or dietary restriction, please ask our staff before ordering and use your own judgment about what is right for you. By purchasing and consuming our products, you acknowledge and accept the risk of cross-contamination. Ingredient and allergen information provided on our website, app or through third-party platforms is for general guidance and may not always be complete or current.

8. Merchandise & downloadable content

We offer "Softy" brand merchandise and free downloadable coloring pages. The coloring pages and other downloadable content are provided for your personal, non-commercial use only. You may print and enjoy them at home or in a classroom, but you may not sell them, use them commercially, or redistribute them as your own. All such content remains our property or that of our licensors.

9. Intellectual property

The icyvibes name and brand, the "Softy" mascot, our logos, designs, graphics, photography, menus, text and other content are owned by ICYVIBES GROUP INC. or used under license, and are protected by intellectual-property laws. You may not copy, reproduce, modify, distribute, or create derivative works from our content, or use our trademarks, without our prior written permission, except for the limited personal use expressly allowed in these Terms.

10. Acceptable use & prohibited conduct

When using our website and app, please be a good guest. You agree not to:

11. User submissions

You may share information with us through forms, reviews, newsletter signups, event and catering requests, franchising inquiries, and job applications. When you do, you agree that the information you provide is accurate, truthful and your own to share, and that you will keep it up to date where relevant (for example, in a job application).

Except for personal information, which we handle in line with our Privacy Policy and applicable law, you grant us permission to use the content you submit as reasonably needed to operate and improve our Services and to respond to you — for example, publishing a review you post, or reviewing an application. Please do not send us confidential ideas you expect to be kept secret or paid for; any unsolicited suggestions may be used by us without obligation.

12. Third-party links & services

Our Services rely on and link to third parties, including our online-ordering provider (Mealsy, moving to Silverware), delivery marketplaces (DoorDash, Uber Eats, SkipTheDishes), wallet providers (Apple Wallet, Google Wallet), payment processors, and social-media platforms. These services are operated by others and are governed by their own terms and privacy policies. We do not control them and are not responsible for their content, practices, availability, or how they handle your information. We encourage you to review their terms before using them.

13. Disclaimers & limitation of liability

We work hard to keep our Services accurate, available and enjoyable, but to the fullest extent permitted by law, our website, app and online content are provided "as is" and "as available", without warranties of any kind. We do not promise that the Services will always be uninterrupted, error-free, or that information shown will always be complete or current.

To the extent permitted by the laws of Quebec, ICYVIBES GROUP INC. and its officers, employees and partners will not be liable for indirect, incidental, special or consequential damages arising from your use of the Services or your inability to use them.

Nothing in these Terms limits or excludes any right or remedy that cannot be limited or excluded under the law. In particular, as a consumer you keep all rights under the Quebec Consumer Protection Act and other applicable consumer-protection laws that cannot be waived, and these Terms do not take those rights away.

14. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless ICYVIBES GROUP INC. and its officers, employees and partners from reasonable claims, losses and expenses arising out of your misuse of the Services, your breach of these Terms, or your violation of the law or the rights of another person. This does not apply to matters caused by our own fault where the law does not allow such an obligation.

15. Changes to these terms

We may update these Terms from time to time — for example, as our services evolve (such as our move to Silverware POS and online gift cards) or as the law changes. When we do, we will update the "Last updated" date at the top, and post the revised Terms here. Significant changes may also be communicated through the app, our website or email. Your continued use of the Services after an update means you accept the revised Terms.

16. Governing law & jurisdiction

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. Subject to any mandatory consumer-protection rules that give you access to the courts of your own district, you agree that any dispute relating to these Terms or the Services will be brought before the courts of Quebec, in the district of Montreal.

17. Contact us

Questions about these Terms? We are happy to help. You can reach us at:

Visit us at either of our Quebec stores:

Dollard-des-Ormeaux3671B Boul. Saint-Jean, Dollard-des-Ormeaux, QC H9G 1T2 · 514-624-7000
Sainte-Anne-de-Bellevue79 Sainte-Anne St, Sainte-Anne-de-Bellevue, QC H9X 1L9 · 514-457-1000

ICYVIBES GROUP INC. — thanks for being part of the vibe.