Welcome to Niky's Mini Donuts & Ice Cream online ordering platform ("Platform"). By accessing or using this Platform, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use the Platform.
1. Eligibility
- You must be at least 13 years old to use the Platform.
- If you are under 18, you may only use the Platform under the supervision of a parent or guardian who agrees to these Terms.
2. Use of the Platform
- You may use the Platform only for lawful purposes and in accordance with these Terms.
- You agree not to misuse the Platform, interfere with its operation, or attempt unauthorized access.
3. Orders and Payment
- All orders are subject to acceptance and availability.
- Prices, menu items, and availability may change without notice.
- Payments are processed securely through third-party payment processors (such as Stripe, Square, or Shopify Payments). Niky's does not store full payment card details.
- Once submitted, orders cannot be canceled or refunded unless required by law or expressly stated by Niky's.
4. Pickup and Delivery
- Estimated pickup times are provided for convenience only and are not guaranteed.
- If your order is not picked up within a reasonable time, products may no longer be fresh, and no refund will be issued.
- Delivery, if offered, may be fulfilled by third-party services; Niky's is not responsible for delays, damages, or losses once the order leaves our store.
5. Account Registration
- You may create an account to save your order history and payment information.
- You are responsible for maintaining the confidentiality of your login credentials.
- Niky's is not liable for unauthorized use of your account if you fail to protect your password.
6. Promotions and Loyalty Programs
- Promotional offers, discounts, and loyalty rewards are subject to change or cancellation at any time.
- Niky's reserves the right to deny promotions if fraudulent or abusive activity is suspected.
7. Intellectual Property
- All content on the Platform, including trademarks, logos, text, images, and designs, are the property of Niky's Mini Donuts & Ice Cream or its licensors.
- You may not use, copy, reproduce, or distribute any content without prior written consent.
8. Disclaimers
- Products may contain allergens. It is your responsibility to review allergen and ingredient information before ordering.
- The Platform is provided "as is" without warranties of any kind. Niky's does not guarantee uninterrupted or error-free service.
9. Limitation of Liability
- To the fullest extent permitted by law, Niky's is not liable for any indirect, incidental, special, or consequential damages arising from your use of the Platform.
- Total liability for any claim shall not exceed the amount paid for the applicable order.
10. Indemnification
You agree to indemnify and hold harmless Niky's, its affiliates, employees, and partners from any claims, damages, or expenses arising out of your use of the Platform or violation of these Terms.
11. Governing Law
- These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
- Any disputes shall be resolved exclusively in the state or federal courts located in Harris County, Texas.
12. Changes to Terms
Niky's may update these Terms at any time. Continued use of the Platform after changes are posted constitutes acceptance of the new Terms.
13. Contact
For questions about these Terms, contact us at:
Niky's Mini Donuts & Ice Cream
1417 Graham DR, STE 400
Tomball, TX 77375
Email: franchise@nikysminidonuts.com
Phone: (281) 698-7455