TERMS OF USE
These Terms of Use (“Terms”) govern access to and use of the HDScoops website, HDScoops, applications, and related online services (collectively, “HDScoops”) provided by The Häagen-Dazs Shoppe Company, Inc. (“Shoppe Company” “we,” “us,” or “our”).
HDScoops is a private business resource intended solely for franchisees operating businesses within the Häagen-Dazs System and their authorized owners, officers, managers, and employees.
By accessing or using HDScoops, you agree to comply with these Terms. If you do not agree to these Terms, you may not access or use HDScoops.
Eligibility and Authorized Users
Access to HDScoops is restricted to: (a) current franchisees of Shoppe Company that are authorized to operate a Häagen-Dazs Shop; and (b) owners, officers, managers, and employees of such franchisees who have been authorized to access HDScoops in connection with the operation of the applicable franchised business.
Each person accessing HDScoops is an “Authorized User.”
Access to HDScoops is provided solely for legitimate business purposes relating to the operation of an authorized Häagen-Dazs Shop. No other person or entity is permitted to access or use HDScoops.
A franchisee is responsible for ensuring that its owners, managers, employees, and other Authorized Users comply with these Terms.
Relationship to Franchise Agreement
HDScoops may be used by Shoppe Company to update or supplement any of the System Standards. Shoppe Company’s communications through HDScoops constitute written communications to Franchisees.
HDScoops may contain Shop Operations Manual content, including, policies, procedures, standards, specifications, training materials, forms, guides, templates, and other system materials.
Shoppe Company may update HDScoops content from time to time.
User Accounts and Security
Authorized Users may be required to establish individual accounts and login credentials. You must provide accurate information when establishing or maintaining an account and must keep your account information current.
Login credentials are personal to the Authorized User to whom they are issued. You may not share usernames, passwords, authentication codes, or other credentials with another person.
You are responsible for maintaining the confidentiality and security of your credentials and for activity occurring through your account.
You must promptly notify your FBM or Shoppe Company management if you become aware of unauthorized access, loss or disclosure of credentials, unauthorized disclosure of HDScoops information, or any actual or suspected security breach.
Shoppe Company may require password changes, multifactor authentication, or other security measures.
Franchisee Responsibility for Employees
Each franchisee is responsible for determining which of its employees require access to HDScoops and for ensuring that access is limited to persons with a legitimate business need.
Franchisees must promptly terminate an employee’s HDScoops access when the employee ceases employment, changes positions and no longer requires access, or otherwise ceases to be authorized to access HDScoops.
The franchisee remains responsible for the conduct of persons accessing HDScoops through accounts issued in connection with its franchised business.
Permitted Use
Authorized Users may use HDScoops and its contents solely for legitimate internal business purposes associated with the operation, administration, management, marketing, training, or support of an authorized Häagen-Dazs franchised business.
Subject to the applicable Franchise Agreement and any restrictions accompanying particular materials, Authorized Users may download, print, or reproduce HDScoops materials only to the extent reasonably necessary for authorized operation of the applicable franchised business.
No rights are granted except as expressly provided in these Terms or the applicable Franchise Agreement.
Prohibited Uses
You may not: (a) permit an unauthorized person to access HDScoops; (b) share login credentials; (c) access another user’s account without authorization; (d) use HDScoops for purposes unrelated to an authorized franchised business; (e) copy, distribute, publish, transmit, sell, sublicense, disclose, or commercially exploit HDScoops materials except as expressly authorized; (f) disclose confidential HDScoops materials to competitors or other unauthorized third parties; (g) scrape, crawl, harvest, systematically download, or otherwise extract data or content through automated means; (h) use bots, scripts, automated agents, artificial-intelligence systems, machine-learning systems, or similar technologies to access, extract, reproduce, analyze, train upon, or otherwise process confidential HDScoops content except as expressly authorized by Shoppe Company; (i) reverse engineer, decompile, disassemble, or attempt to derive source code or underlying technology; (j) bypass authentication, access controls, security measures, or technological restrictions; (k) upload malware or malicious code; (l) interfere with HDScoops operation, security, or availability; (m) use HDScoops information to compete with Shoppe Company, another franchisee, or the Häagen-Dazs system in violation of contractual obligations; or (n) use HDScoops in violation of applicable law or any Franchise Agreement.
Confidential and Proprietary Information
HDScoops may contain confidential and proprietary information concerning Shoppe Company, its affiliates, franchisees, suppliers, customers, business methods, operating procedures, marketing strategies, pricing, technology, training, system standards, manuals, specifications, financial information, and other nonpublic information (“Confidential Information”).
Confidential Information must be maintained in confidence and used only for authorized purposes relating to the applicable franchised business.
Access to Confidential Information through HDScoops does not transfer ownership or grant any license or right except the limited right to use it for authorized franchise business purposes.
Confidentiality obligations contained in the applicable Franchise Agreement or other agreements remain fully applicable. To the extent those obligations provide greater protection than these Terms, those obligations control.
Intellectual Property
HDScoops and its contents, including text, graphics, photographs, videos, software, databases, designs, forms, training materials, manuals, trademarks, service marks, logos, trade dress, and other materials, are owned by or licensed to Shoppe Company or its licensors and are protected by applicable intellectual-property laws.
Use of Shoppe Company’s trademarks, service marks, logos, and other brand identifiers remains subject to the applicable Franchise Agreement and Shoppe Company’s brand standards.
User-Submitted Information
Authorized Users may be permitted to submit information, documents, photographs, data, comments, requests, reports, or other materials through HDScoops (“Submitted Materials”).
You represent that you have authority to submit such materials and that their submission and authorized use will not violate applicable law or the rights of another person.
You grant Shoppe Company and its affiliates the right to use Submitted Materials as reasonably necessary to administer the Häagen-Dazs system, provide services, support franchisees, enforce contractual rights, comply with legal obligations, and conduct legitimate business operations, subject to applicable law and contractual restrictions.
Personal Information
Information collected through HDScoops may include personal information concerning Authorized Users, customers, prospective customers, employees, or other individuals.
Each franchisee is independently responsible for complying with privacy, data-protection, employment, consumer-protection, and other laws applicable to information collected or processed by that franchisee.
Authorized Users must not upload sensitive personal information unless HDScoops is specifically designed and authorized to receive that information.
Shoppe Company’s collection and processing of personal information is also subject to any applicable privacy policy made available by Shoppe Company.
Customer and Employee Information
Unless expressly authorized, Authorized Users may not upload Social Security numbers, financial-account credentials, payment-card information, medical information, biometric information, government identification numbers, or other highly sensitive personal information.
Where HDScoops permits submission of customer, employee, or other personal information, the submitting franchisee represents that it has all notices, consents, permissions, and other legal authority necessary to collect, use, disclose, and submit that information.
Electronic Communications
Use of HDScoops may involve electronic communications between Shoppe Company and Authorized Users.
HDScoops notices, alerts, acknowledgments, and other electronic communications do not constitute amendments to a Franchise Agreement unless the applicable Franchise Agreement permits amendment in that manner or the parties otherwise expressly agree in writing.
Third-Party Services and Links
HDScoops may provide access or links to third-party websites, software, vendors, products, or services.
Unless expressly stated otherwise, Shoppe Company does not control those third parties and is not responsible for their websites, products, services, security practices, privacy practices, availability, or content.
Any transaction between a franchisee and a third-party provider is governed by the applicable agreements between those parties.
Accuracy and Availability
Shoppe Company may endeavor to maintain accurate and useful HDScoops information, but HDScoops content may contain errors, omissions, or outdated information.
Authorized Users remain responsible for reviewing applicable Franchise Agreements, manuals, policies, laws, regulations, and other controlling materials before taking action.
Shoppe Company does not guarantee that HDScoops will be uninterrupted, error-free, secure, or continuously available.
Shoppe Company may modify, suspend, restrict, or discontinue all or any portion of HDScoops at any time, subject to obligations contained in an applicable Franchise Agreement.
Suspension and Termination of Access
Shoppe Company may suspend or terminate an Authorized User’s HDScoops access when reasonably necessary to protect HDScoops security, Confidential Information, intellectual property, other users, or the franchise system, or when the user is no longer authorized to access HDScoops.
Access may also terminate upon expiration or termination of the applicable Franchise Agreement, subject to any rights or obligations surviving termination.
Upon termination of authorization, the Authorized User must cease accessing HDScoops and, where required by the applicable Franchise Agreement, return or destroy Confidential Information obtained through HDScoops.
Termination of HDScoops access does not affect obligations that by their nature survive termination, including confidentiality and intellectual-property obligations.
Monitoring and Security
To the extent permitted by applicable law, Shoppe Company may log and monitor use of HDScoops for security, system administration, troubleshooting, auditing, compliance, protection of Confidential Information, and investigation of suspected unauthorized activity.
Authorized Users should not expect communications or activities conducted through HDScoops to be private from Shoppe Company, subject to applicable law and Shoppe Company’s privacy obligations.
Disclaimer
EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN AN APPLICABLE WRITTEN AGREEMENT, HDSCOOPS AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOPPE COMPANY DISCLAIMS WARRANTIES ARISING SOLELY FROM THE PROVISION OR USE OF HDSCOOPS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NOTHING IN THIS SECTION DISCLAIMS OR LIMITS ANY EXPRESS OBLIGATION UNDERTAKEN BY SHOPPE COMPANY IN AN APPLICABLE FRANCHISE AGREEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE APPLICABLE FRANCHISE AGREEMENT, SHOPPE COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING SOLELY FROM ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, HDSCOOPS.
Indemnification
To the extent permitted by the applicable Franchise Agreement and applicable law, each Franchisee is responsible for claims, losses, liabilities, or expenses arising from unauthorized or unlawful use of HDScoops by persons accessing it through accounts associated with that Franchisee.
Nothing in this Section expands any indemnification obligation contained in the applicable Franchise Agreement.
Changes to These Terms
Shoppe Company may revise these Terms from time to time to address changes in HDScoops functionality, security requirements, technology, or applicable law.
Revised Terms will be posted through HDScoops with an updated effective date.
Acknowledgment
BY ACCESSING OR USING HDSCOOPS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO COMPLY WITH THEM.
If you are accessing HDScoops on behalf of a franchisee, you represent that you are authorized to access HDScoops in connection with that franchisee’s business.