Terms and conditions

Welcome to BeaverTails’ website! (“Site”). This website is operated by BeaverTails® Canada Inc. (“we,” “us,” “our,” or “BeaverTails[®]”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to your use of our website or other services offered at https://beavertails.com and https://beavertails.com/fr/ (our “System”).

Your use of our System means that you accept and agree to these Terms of Use and our Privacy Policy. If you do not agree, please do not use the System.

We may revise and update these Terms of Use at any time in our sole discretion, and will post any updates to the Terms of Use on the Site. Continued use of our Site or System means that you accept and agree to the most recent version of these Terms.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site. As a condition of your use of the Site, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party\u2019s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for or through the System.

All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content. You agree that you do not acquire any ownership rights in any protected content. BeaverTails is a registered trademark.

Links to Other Websites and Franchisee Content

The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk.

Franchisees are independently owned and operated. Any BeaverTails franchisee website, system, social media page, or marketing campaign is governed by the terms of the franchisee Privacy Policy and Terms of Use. Franchisees are responsible for ensuring their content complies with applicable privacy and accessibility laws.

Indemnification

You agree to protect and not hold BeaverTails liable for any losses, costs, liabilities and expenses (including reasonable attorneys fees related to your use or inability to use the System, violation of these Terms, or any violation of third-party rights or laws. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Electronic Communications

Visiting the Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the link in the footer of our emails.

Book a truck Form - Privacy Notice
The personal information you provide in this form is collected for the purpose of processing your mobile event inquiry.

• If your inquiry does not lead to a booking, your information will be deleted after 12 months.
• If your event is booked, your personal information will be deleted 6 months after the event date.

We retain only non-identifiable event details (such as event type, guest count, and city) for internal reporting.
 

Warranty and Limitation of Liability

No Warranties: The System is provided without warranties of any kind. BeaverTails, its affiliates, franchisees, and suppliers disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability: To the fullest extent permitted by law, in no event shall BeaverTails\u00ae, its affiliates, franchisees, or suppliers be liable for any indirect, incidental, special, or consequential damages, or any loss of profits, data, or use, arising from or related to your use of the System. If you are dissatisfied with any part of the System or these Terms, your sole remedy is to discontinue use.

Governing Law and Jurisdiction

These Terms are governed by the laws of the Province of Quebec and the laws of Canada, without regard to conflict of law principles. Any claim must be filed within one (1) year, and all claims must be brought in the courts of the judicial district of Montreal, Quebec.

Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BeaverTails. **We may update these Terms at any time

BeaverTails User Generated Content – Terms and Conditions

Thank you for recently visiting a BeaverTails location and enjoying a yummy pastry. BeaverTails are a delicious tradition and we are happy to see the way you’ve used our products in your memorable moments and we want to share your content with our fans. With your permission, sharing your love for BeaverTails is easy! Please review the terms and conditions below. If you agree with the fine print, respond to our request with #yehbeavers

By responding to our request with the hashtag #yehbeavers, you hereby grant BeaverTails Canada Inc, its parent company, affiliates, subsidiaries, its successors, assignees, advertising and promotional agencies, agents, representatives and their employees, directors, officers, suppliers, administrators, franchisees/licensees (collectively “BeaverTails”), a non-exclusive, royalty-free, perpetual, worldwide, and irrevocable license, unrestricted and irrevocable rights to be used at its discretion, royalty free, perpetually and world wide,  to publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt, modify or otherwise use and or link to the Content (as defined below) or a portion thereof, without compensation, the voice, video, image, or any social media publication (ie Post, Story, Reel®, etc.) made by  you and for which you responded with the hashtag #yehbeavers ( the “Content”) including those bearing your name , voice, image, likeness, and/or any other identifiable representation of yourself (collectively “your Likeness”) in any and all media (now or hereafter know) without limitation to time or territory. The Content may be used without compensation or further notice, at any time and from time to time in any advertising or publicity carried out by BeaverTails or their agents, in any manner of media now known or hereafter devised, unless prohibited by law, including but not limited to, in any video, signs, truck/vehicle wraps, used in its stores, place of business and/or on any food truck, trailer, container.     

For greater certainty, you hereby understand and consent that BeaverTails can use (including without limitation, by reproduction, publication, adaptation, translation, modification, exposition, transmission, distribution and online) the Content and your Likeness in connection with any merchandising and service provided by BeaverTails, at its point of sales, website, online contest, social media, print, audio-visual or online advertisements and promotions, events, and any other commercial exploitation worldwide, advertisement or other and that BeaverTails alone retains the proceeds thereof. You hereby irrevocably waive any and all moral rights that you possess or could possess in relation to the Content. You acknowledge that should BeaverTails choose to use the Content in any way, as is or modified, it shall automatically become the sole owner of the property rights (including any copyrights) of said Content as used by BeaverTails.  BeaverTails reserves the right to alter, change or modify the Content, in its sole discretion. You hereby waive any right you may have to inspect or approve the finished content or any part or element thereof that incorporates your Likeliness and/or Content.

Representations and Warranties:

By responding to our request with the hashtag #yeahbeavers, you warrant and represent that:

1. You are of the legal age of majority in your province or territory of residence.
2. You are the sole creator/author of the Content and own all rights to use it or, alternatively, have the right to grant us the license and rights described above;
3. You have waived any and all moral rights in and to the Content and/or any testimonial or Likeness accompanying same and irrevocably waive any right of approval of the use of said Content, testimonials and/or Likeness and agree that the choice of such use, if any, is at the sole discretion of BeaverTails;
4. All Content and any information, facts and/or declarations provided herein are accurate and true;
5. The Content does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person, entity or other third party;
6. Publication of the Content via various media including Web posting and/or social media, will not infringe on the rights of third parties;
7. You have obtained permission from all person whose name, voice, image, likeness and/or other identifiable representation contained in the Content and in the event that the Content contains the image and or likeness of any minor, you have the authority as parent, tutor or guardian of said minor to grant all required consent and hereby grant all required consent to use the Content as more fully stipulated herein;
8. In consideration of the opportunity given to you by BeaverTails to appear or have your Content appear in its promotional materials, you acknowledge that you have fully read, understood and agree with the terms and conditions of this licence, waiver and release, and that you have had any questions regarding its effect or the meaning of its terms answered to your satisfaction; and
9. You hereby understand and agree that this agreement is binding on you and yours heirs, executors, administrators, assignees and/or any legal representatives.

You irrevocably release, indemnify and hold harmless BeaverTails from any and all claims , demands and damages (actual and consequential) of any kind and nature, known and unknown, including reasonable legal fees, arising out of the use of the Content and Likeness, including, without limitation, any and all claims or demands based on privacy, personality, defamation, copyright, trade-mark or any other cause of action as well as arising out of any breach of your representations and warranties set forth above, your violation of any terms herein, your violation of any laws or rights of third party. This indemnification will survive any termination of these terms and conditions. If properly notified that the Content allegedly infringes on another’s intellectual property rights, BeaverTails will remove the Content. Under no circumstances will BeaverTails be liable in any way for (i) any Content containing any errors or omissions; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted to BeaverTails.

You hereby provide this waiver and release to BeaverTails on the basis that no compensation of any kind whatsoever is paid or payable to you for the Content freely and voluntarily. You claim no right to compensation or benefit arising out of the use of the Content, your Likeness and/or testimonial, if any, that you provided, as the case may be.

Except to the extent that the laws of the Canadian province or territory in which you reside require the laws of such jurisdiction to apply to these terms and conditions, the laws of the Province of Quebec, Canada, will govern these terms and conditions, without giving effect to any principles of conflicts of laws. BeaverTails reserves the right to make changes to these terms and conditions at any time.

Except to the extent that the laws of the Canadian province or territory in which you reside prohibit this choice of forum provision, any claim or dispute between you and BeaverTails that arises in whole or in part from the Content shall be decided exclusively by a court of competent jurisdiction located in the City of Montreal, Quebec. If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and BeaverTails’ failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

It is the express wish of the parties that these terms and conditions and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente entente ainsi que tous les documents s’y rattachant soient rédigés en anglais.

BeaverTails Canada Inc. 
3700 St. Patrick St., Suite 106 
Montreal, Quebec, H4E 1A2 
(514) 392-2222 
privacy.officer@beavertails.com

Effective Date: March 31, 2025.