Terms & Conditions

1. Agreement to Terms

These Terms & Conditions ("Terms") govern your use of the TM Ice Cream website and your engagement with our catering services. By accessing our website, submitting a booking request, or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

TM Ice Cream ("we," "us," or "our") reserves the right to update these Terms at any time. Continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms.

2. Our Services

TM Ice Cream is a family-owned ice cream truck and cart catering company serving the Dallas–Fort Worth metroplex since 1984. We provide mobile ice cream catering for private events, corporate events, school functions, weddings, birthday parties, and other gatherings.

Service availability is subject to date, location, and staffing. Submitting a booking inquiry does not constitute a confirmed reservation. A booking is only confirmed once you have received written confirmation from TM Ice Cream and any applicable deposit has been received.

3. Booking & Reservations

• Inquiry: Submitting a form on our website is a request for a quote, not a confirmed booking.
• Confirmation: Your event date is secured only after we issue a written confirmation and any required deposit is received.
• Accuracy: You are responsible for providing accurate event details including date, time, location, and guest count. Changes after confirmation may affect pricing.
• Minimum Notice: We recommend booking at least 7–14 days in advance. Last-minute requests are accommodated based on availability.
• Deposit: A deposit may be required to hold your event date. Deposit terms will be communicated at the time of booking confirmation.

4. Pricing & Payment

• All quotes provided are estimates based on the information submitted. Final pricing is confirmed in writing prior to your event.
• Prices are subject to change based on event size, location, service duration, and travel distance.
• Payment terms will be communicated at the time of booking. Full payment may be due prior to the event date.
• We reserve the right to adjust pricing if event details materially change after confirmation.
• All prices are in U.S. dollars.

5. Cancellations & Rescheduling

• Cancellation by Client: Cancellations made 14 or more days prior to the event date may be eligible for a full or partial deposit refund at our discretion. Cancellations made within 14 days of the event may forfeit the deposit.
• Cancellation by TM Ice Cream: In the unlikely event we must cancel due to equipment failure, staffing emergency, or circumstances beyond our control, we will notify you as soon as possible and issue a full refund of any amounts paid.
• Rescheduling: We will make reasonable efforts to accommodate rescheduling requests, subject to availability. Rescheduling is not guaranteed.
• Weather: We operate in most weather conditions. Cancellations due to weather are handled on a case-by-case basis.

6. SMS / Text Message Terms

• Opt-Out: Reply STOP to any text message at any time to unsubscribe. You will receive one final confirmation message that you have been removed from our list.
• Help: Reply HELP to any message or call us at (214) 682-8080 for support.
• Message Frequency: Message frequency varies. You may receive 2–5 messages per booking cycle depending on your event activity.
• Message & Data Rates: Standard message and data rates may apply based on your mobile carrier and plan. TM Ice Cream is not responsible for any charges incurred from your carrier.
• No Third-Party Sharing: Your mobile number and opt-in consent will never be sold, shared, or transferred to third parties for marketing purposes.
• Carrier Liability: Wireless carriers are not liable for delayed or undelivered messages.
• No Obligation: Consent to receive SMS messages is not required as a condition of purchasing or using our services.

7. Client Responsibilities

You agree to:

• Provide accurate and complete event details at the time of booking
• Ensure adequate access, space, and power supply (if applicable) for our equipment at the event venue
• Notify us promptly of any changes to event details, location, or guest count
• Ensure a safe environment for our staff and equipment during the event
• Comply with any venue rules or restrictions that may affect our services

TM Ice Cream is not liable for delays or service interruptions caused by inaccurate event information, restricted venue access, or unsafe conditions.

8. Limitation of Liability

To the fullest extent permitted by applicable law, TM Ice Cream, its owners, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services or website, including but not limited to loss of revenue, loss of profits, or loss of enjoyment.

Our total liability to you for any claim arising from our services shall not exceed the amount you paid to TM Ice Cream for the specific event giving rise to the claim.

We are not responsible for allergic reactions or dietary concerns. Customers with food allergies are responsible for reviewing product ingredients prior to consumption. Please notify us of any known allergies when booking.

9. Food Allergy Disclaimer

Our products may contain or come into contact with milk, eggs, peanuts, tree nuts, wheat, soy, and other allergens. While we take reasonable precautions, we cannot guarantee that our products are free from cross-contamination. Customers with severe food allergies consume our products at their own risk.

If you or any guests have known food allergies or dietary restrictions, please disclose this information at the time of booking so we can advise accordingly.

10. Intellectual Property

All content on the TM Ice Cream website, including text, graphics, logos, images, and design, is the property of TM Ice Cream and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on our website without our express written permission.

11. Website Use

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others. You may not:

• Use our website to transmit any unlawful, harmful, or fraudulent content
• Attempt to gain unauthorized access to any part of our website or systems
• Use automated tools to scrape, crawl, or harvest data from our website
• Impersonate TM Ice Cream or any of its employees or agents

We reserve the right to terminate access to our website for any user who violates these Terms.

12. Third-Party Links

Our website may contain links to third-party websites or services. These links are provided for your convenience only. TM Ice Cream does not endorse and is not responsible for the content, accuracy, or practices of any third-party sites. We encourage you to review the terms and privacy policies of any third-party sites you visit.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas.

14. Dispute Resolution

In the event of a dispute, you agree to first contact us directly by phone at (214) 682-8080 to attempt an informal resolution before pursuing any legal remedy. We will make reasonable good-faith efforts to resolve disputes promptly.

15. Indemnification

You agree to indemnify, defend, and hold harmless TM Ice Cream and its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of our website or services, your violation of these Terms, or your violation of any rights of another party.

16. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the remaining Terms, which shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TM Ice Cream with respect to your use of our website and services, and supersede all prior or contemporaneous communications and proposals, whether oral or written.

18. Contact Us

Questions about these Terms & Conditions? Reach us directly:

• TM Ice Cream
• Dallas–Fort Worth, TX
• Phone: (214) 682-8080