Terms of Service

Please read these Terms of Service carefully before using our website or services. By accessing or using foodcaferio.rest, you agree to be bound by these Terms of Service and all applicable laws and regulations.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Cafe Rio ("Company," "we," "us," or "our"), governing your access to and use of the website located at foodcaferio.rest (the "Site") and all related food services, online ordering platforms, content, features, and functionality offered by Cafe Rio (collectively, the "Services").

By accessing, browsing, or using our Site or Services in any manner, including but not limited to placing an order, creating an account, subscribing to newsletters, or simply navigating the website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree with any provision of these Terms, you must immediately discontinue your use of the Site and Services. Your continued use of the Site constitutes your ongoing acceptance of any updates or modifications to these Terms.

You represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction, and that you have the legal authority and capacity to enter into this Agreement. If you are using the Services on behalf of an organization or entity, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

Cafe Rio is a food service company that provides customers with access to a variety of food and beverage products through our physical locations, online ordering platform, and related digital services. Our Services include, but are not limited to:

• Online Food Ordering: Customers may browse our menu, customize their orders, and place orders for pickup or delivery through our website at foodcaferio.rest.
• Menu Information: We provide detailed descriptions, pricing information, nutritional data, and allergen information for our food and beverage offerings.
• Catering Services: Cafe Rio offers catering packages and group ordering options for events, corporate functions, and private gatherings.
• Loyalty and Rewards Programs: We may offer promotional programs, loyalty rewards, gift cards, or other customer incentive programs from time to time.
• Customer Support: We provide customer service and support through various communication channels, including email and phone.
• Promotional Communications: With your consent, we may send promotional offers, updates, and newsletters related to our food services and special events.

We reserve the right to modify, suspend, discontinue, or update any aspect of our Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of any Service.

Cafe Rio makes no guarantee regarding the availability of specific menu items, ingredients, or Services at any given time. Product availability may vary by location, season, and other operational factors. We reserve the right to substitute ingredients or discontinue menu items at our sole discretion.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Site and Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Promptly notify us of any unauthorized use of your account or any other security breach at [email protected].
• Use the Services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, federal, and international laws and regulations in connection with your use of the Services.
• Respect the intellectual property rights of Cafe Rio and third parties.
• Ensure that any information you submit through our Site is truthful and does not violate the rights of any third party.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities:

• Fraudulent Activity: Using the Services to commit fraud, including placing fraudulent orders, using stolen payment information, or misrepresenting your identity.
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, networks, or databases, or circumventing any security measures we have implemented.
• Data Scraping: Using automated tools, bots, scrapers, or similar technologies to extract data from our Site without our express written permission.
• Interference: Engaging in any activity that disrupts, interferes with, or imposes an unreasonable burden on our infrastructure or the experience of other users.
• Malicious Code: Uploading, transmitting, or distributing any viruses, malware, Trojan horses, worms, or other harmful code or software.
• Impersonation: Impersonating any person, business, or entity, including Cafe Rio employees, representatives, or other users.
• Harassment: Using the Services to harass, threaten, defame, or otherwise harm any individual or group.
• Illegal Resale: Reselling, sublicensing, or commercially exploiting any aspect of our Services without express written authorization.
• Violation of Laws: Using the Services in any manner that violates applicable local, state, or federal laws, including but not limited to the Federal Trade Commission Act, consumer protection laws, or any applicable food safety regulations.
• Spam: Sending unsolicited commercial communications or spam through any features or functionality offered by the Site.
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of our software or systems.

Violation of any of these prohibitions may result in immediate termination of your account and access to our Services, and may subject you to civil or criminal liability under applicable law.

4. Intellectual Property Rights

All content, materials, and intellectual property on the Site and associated with the Services, including but not limited to text, graphics, logos, photographs, images, audio clips, video content, data compilations, software, and the overall "look and feel" of the Site, are owned by or licensed to Cafe Rio and are protected by United States copyright, trademark, trade dress, and other intellectual property laws.

The Cafe Rio name, logo, trademarks, service marks, and trade names are the exclusive property of Cafe Rio. Nothing in these Terms shall be construed as granting you any license or right to use any trademark, service mark, or trade name without our express prior written consent.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal, non-commercial purposes only. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any content on the Site;
• Use the Site or its content for any commercial purpose without our prior written consent;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Frame or mirror any portion of the Site without our express written authorization.

If you believe that any content on our Site infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement. We will investigate all legitimate claims in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA).

Any feedback, suggestions, reviews, or ideas you submit to us regarding our Services ("Feedback") shall be deemed non-confidential, and we shall be free to use such Feedback without restriction or compensation to you. By submitting Feedback, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute your Feedback in connection with our Services.

5. Ordering, Payment Terms, and Pricing

5.1 Online Orders

When you place an order through our Site, you represent that you are authorized to use the payment method provided and that the information you submit is accurate and complete. All orders are subject to availability and our acceptance. We reserve the right to refuse or cancel any order at our sole discretion, including orders that appear to be fraudulent or placed in violation of these Terms.

By submitting an order, you authorize Cafe Rio to charge your selected payment method for the total amount of your order, including applicable taxes, service fees, and delivery charges where applicable.

5.2 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without prior notice. Prices are inclusive of applicable sales taxes where required by law, or taxes will be calculated and displayed at checkout. Cafe Rio reserves the right to correct any pricing errors at any time, even after an order has been placed.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on our Site at the time of checkout. All payment transactions are processed through secure, encrypted payment processors. Cafe Rio does not store your complete credit card information on our servers.

5.4 Refunds and Cancellations

Our refund and cancellation policies are as follows:

• Orders may be cancelled within a limited window prior to preparation. Please contact us immediately at [email protected] if you need to cancel an order.
• Refunds may be issued at our discretion in cases where an order is incorrect, incomplete, or the food does not meet reasonable quality standards.
• Refund requests must be submitted within forty-eight (48) hours of receiving your order.
• We reserve the right to issue refunds as store credit, original payment method credits, or other appropriate remedies.

5.5 Gift Cards and Promotional Codes

Gift cards and promotional codes are subject to their own terms and conditions. They have no cash value unless required by applicable state law and cannot be combined with other offers unless expressly stated. Cafe Rio is not responsible for lost, stolen, or unauthorized use of gift cards or promotional codes.

6. Food Safety, Allergen Information, and Nutritional Disclosure

Cafe Rio takes food safety seriously and strives to provide accurate information about our menu items. However, please be aware of the following:

• Our food is prepared in kitchen environments where common allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish, may be present. Cross-contamination is possible.
• Nutritional information provided on our Site is based on standard recipes and serving sizes. Actual nutritional content may vary based on portion size, preparation method, ingredient substitutions, and other factors.
• If you have a food allergy, sensitivity, or dietary restriction, please consult with our staff before ordering and exercise appropriate caution.
• Cafe Rio is not liable for any adverse reactions resulting from undisclosed allergies or individual dietary sensitivities unless directly caused by our negligence.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Cafe Rio, its officers, directors, employees, agents, partners, suppliers, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:

• Loss of profits, revenue, or anticipated savings;
• Loss of data or business information;
• Loss of goodwill or reputation;
• Business interruption or loss of business opportunity;
• Personal injury or property damage arising from your use of or inability to use our Services;
• Any errors, omissions, or inaccuracies in our content or menu information;
• Any unauthorized access to or alteration of your transmissions or data;
• Any conduct or content of any third party on or through our Services.

In no event shall Cafe Rio's total cumulative liability to you for all claims arising out of or related to these Terms or your use of the Services exceed the greater of: (a) the total amount you paid to Cafe Rio in the twelve (12) months preceding the claim; or (b) one hundred United States dollars ($100.00).

The limitations of liability set forth in this section shall apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and even if Cafe Rio has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

8. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CAFE RIO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION ON THE SITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR ITS SERVERS ARE FREE OF ERRORS.

Cafe Rio does not warrant or guarantee that our food products will be free from contamination or that they will meet your specific dietary needs or preferences. Your use of the Site and Services is entirely at your own risk.

We do not endorse any third-party products, services, or content that may be referenced or linked to from our Site. Any dealings you have with third parties in connection with the Services are solely between you and the applicable third party.

9. Indemnification

You agree to indemnify, defend, and hold harmless Cafe Rio, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use of or inability to use the Site or Services;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any rights of any third party, including intellectual property rights, privacy rights, or consumer protection rights;
• Any content or information you submit, post, or transmit through the Site;
• Your negligence, willful misconduct, or fraud;
• Any dispute between you and another user or any third party arising from your use of the Services.

Cafe Rio reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

10. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by Cafe Rio. Such links are provided solely for your convenience and informational purposes. Cafe Rio has no control over and assumes no responsibility for the content, privacy policies, terms, or practices of any third-party websites or services.

We do not endorse or make any representations about third-party websites or services. Your access and use of any third-party website or service is entirely at your own risk and subject to the terms and conditions of those third parties. We encourage you to review the terms and privacy policies of any third-party websites you visit.

Cafe Rio may also partner with third-party delivery platforms or payment processors to facilitate certain aspects of our Services. These third-party providers operate under their own terms of service and privacy policies, for which Cafe Rio is not responsible.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Cafe Rio's principal place of business is located, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

To the extent applicable, these Terms are subject to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) and other applicable federal consumer protection laws. Users located in California may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as detailed in our Privacy Policy.

Nothing in this section shall limit Cafe Rio's right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to contact Cafe Rio at [email protected] to attempt to resolve any dispute informally. Both parties agree to make a good-faith effort to resolve the dispute within thirty (30) days of the initial notice. If the dispute cannot be resolved informally, either party may proceed with the dispute resolution mechanisms set forth below.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, all disputes, controversies, or claims arising out of or relating to these Terms, the Site, or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees in arbitration, except as otherwise required by applicable law.

12.3 Class Action Waiver

YOU AND CAFE RIO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. If this class action waiver is found to be unenforceable, the entire arbitration agreement shall be null and void.

12.4 Opt-Out Right

You have the right to opt out of the binding arbitration and class action waiver provisions by sending written notice to us at [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

13. Privacy Policy

Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to delete your personal information, and the right to opt out of the sale of your personal information. Please refer to our Privacy Policy for more details or contact us at [email protected].

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Site or Services. Cafe Rio reserves the right, in its sole discretion and without prior notice, to suspend or terminate your access to the Site and Services for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Your engagement in any prohibited activity as described in Section 3;
• Your failure to pay any amounts owed to Cafe Rio;
• Requests by law enforcement or government agencies;
• Discontinuation or material modification of our Services;
• Unexpected technical or security issues.

You may terminate your account and discontinue use of the Services at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations to pay outstanding amounts owed to Cafe Rio.

Upon termination, all licenses and rights granted to you under these Terms shall immediately cease. Provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property, disclaimers, indemnification, limitation of liability, dispute resolution, and governing law, shall survive any termination or expiration of these Terms.

15. Changes to Terms

Cafe Rio reserves the right to modify, update, or replace these Terms at any time in its sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we may provide additional notice, such as sending an email to the address associated with your account or displaying a prominent notice on our Site.

Your continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of the updated Terms. If you do not agree with the revised Terms, you must discontinue your use of the Site and Services immediately. We encourage you to review these Terms periodically to stay informed of any changes.

16. Electronic Communications

By using our Site or Services, you consent to receive electronic communications from Cafe Rio, including emails, notifications, and other messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions in any promotional email or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, you may still receive transactional or administrative messages related to your orders or account.

17. Force Majeure

Cafe Rio shall not be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, civil unrest, war, terrorism, labor disputes, power outages, internet disruptions, supply chain interruptions, or other events of force majeure.

In the event of a force majeure situation, we will make reasonable efforts to notify affected customers and resume normal operations as soon as practicable. We will not be required to fulfill any orders or obligations that are rendered impossible or commercially impracticable by such events.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by Cafe Rio on the Site, constitute the entire agreement between you and Cafe Rio with respect to your use of the Site and Services. These Terms supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between you and Cafe Rio relating to the subject matter herein.

No waiver by Cafe Rio of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Cafe Rio to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any applicable law, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving, to the greatest extent possible, the original intent of the parties.

If modification of the invalid provision is not possible, that provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The parties agree that the court or arbitrator shall have the authority to reform or revise any provision to the extent necessary to make it enforceable under applicable law.

20. No Agency or Partnership

Nothing in these Terms shall be construed to create a partnership, joint venture, employment relationship, franchise relationship, or agency relationship between you and Cafe Rio. You do not have any authority to bind Cafe Rio in any respect whatsoever, and you shall not represent to any third party that you have such authority.

21. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Cafe Rio. Cafe Rio may freely assign or transfer its rights and obligations under these Terms to any affiliate, subsidiary, successor entity, or in connection with a merger, acquisition, sale of assets, or other corporate transaction without your consent. Any purported assignment in violation of this section shall be null and void.

22. Accessibility

Cafe Rio is committed to making our Site and Services accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience any accessibility barriers or require assistance, please contact us at [email protected] and we will do our best to accommodate your needs.

23. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights, or our Services, please do not hesitate to contact us using the information below. We are committed to addressing your concerns promptly and professionally.