Terms of Service

1. Introduction and Acceptance

Welcome to Costa Vida ("we," "us," "our," or "Company"). These Terms of Service ("Terms") govern your use of our website located at vidas-costa.top, our food delivery services, and all related services, features, and content (collectively, the "Services").

By accessing or using our Services, creating an account, placing an order, or otherwise engaging with Costa Vida, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use our Services.

1.1 Eligibility Requirements

You must be at least 18 years of age and have the legal capacity to enter into contracts in your jurisdiction to use our Services. If you are under 18, you may only use our Services with the involvement and consent of a parent or guardian who agrees to be bound by these Terms.

1.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "We," "Us," "Our," "Company" refers to Costa Vida, a food service business operating in the United States.
• "You," "Your," "User" refers to any individual or entity that accesses or uses our Services.
• "Services" includes our website, food preparation and delivery services, mobile applications, and all related features and content.
• "Content" refers to all text, graphics, images, videos, audio, software, and other materials available through our Services.
• "Website" refers to vidas-costa.top and all associated subdomains and pages.
• "Order" refers to any request for food products or services placed through our Services.
• "Delivery Zone" refers to the geographical areas where we provide delivery services.

3. Use of Services

3.1 Permitted Use

You may use our Services for personal, non-commercial purposes in accordance with these Terms. Specifically, you may:

• Browse our menu and place orders for food products
• Create and maintain a user account
• Access nutritional and allergen information
• Contact our customer service team
• Provide feedback and reviews about our services
• Use our Services in compliance with all applicable laws and regulations

3.2 Prohibited Use

You agree not to use our Services for any of the following prohibited activities:

• Engaging in illegal activities or violating any local, state, national, or international law
• Transmitting harmful, threatening, abusive, harassing, defamatory, vulgar, or otherwise objectionable content
• Attempting to gain unauthorized access to our systems, other user accounts, or computer networks
• Infringing upon our intellectual property rights or the rights of third parties
• Sending spam, unsolicited communications, or automated messages
• Providing false, inaccurate, or misleading information
• Interfering with or disrupting our Services or servers
• Using our Services for commercial purposes without our express written consent
• Attempting to reverse engineer, decompile, or disassemble our software
• Creating multiple accounts to circumvent restrictions or policies

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, you must create an account by providing accurate, complete, and current information. You must provide a valid email address, phone number, and delivery address within our service area.

4.2 Account Security

You are solely responsible for maintaining the security of your account credentials. You must choose a strong password and keep it confidential. We are not liable for any loss or damage arising from unauthorized access to your account due to your failure to maintain adequate security.

4.3 Accurate Information

You agree to provide and maintain accurate, current, and complete information in your account profile. This includes your delivery address, contact information, and payment details. Inaccurate information may result in delivery delays or order cancellations.

4.4 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or engaged in fraudulent or harmful activities. You may also delete your account at any time by contacting our customer service.

5. Products and Services

5.1 Food Safety and Quality Standards

Costa Vida is committed to maintaining the highest standards of food safety and hygiene. All our food products are prepared in accordance with local health department regulations and industry best practices. However, we cannot guarantee that our food preparation areas are completely free from allergens.

5.2 Allergen Information

While we provide allergen information for our menu items, this information is for reference only and should not be considered a guarantee. Cross-contamination may occur during food preparation. If you have severe allergies, please consult with our staff before placing your order and consider whether our kitchen environment is suitable for your dietary needs.

5.3 Menu and Pricing

Our menu items, descriptions, and prices are subject to change without notice. We strive to ensure accuracy but do not guarantee that all product descriptions, images, or pricing information is complete, reliable, current, or error-free. In the event of a pricing error, we reserve the right to refuse or cancel orders.

5.4 Order Placement and Acceptance

When you place an order through our Services, you are making an offer to purchase food products. We reserve the right to accept or decline any order at our discretion. Order acceptance occurs when we begin preparing your food items, at which point a binding contract is formed.

5.5 Minimum Order Requirements

Certain delivery areas may have minimum order requirements. These requirements will be clearly displayed during the ordering process. Orders that do not meet the minimum requirement may be subject to additional fees or may not be processed.

5.6 Delivery Terms

Delivery services are available within our designated delivery zones during operating hours. Delivery times are estimates and may vary due to weather conditions, traffic, order volume, and other factors beyond our control. We are not liable for delays in delivery.

5.7 Temperature-Sensitive Items

Food items will be prepared and packaged to maintain appropriate temperatures during delivery. However, we recommend consuming your order promptly upon delivery to ensure food safety and optimal quality. We are not responsible for food safety issues that arise after delivery.

5.8 Order Modifications and Cancellations

Order modifications may be possible if requested within a reasonable time after order placement and before food preparation begins. Cancellations may be accepted at our discretion and may be subject to cancellation fees. Please refer to our Refund Policy for detailed information about cancellations and refunds.

6. Intellectual Property

6.1 Our Ownership

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, and the overall design, are owned by Costa Vida or our licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services solely for your personal, non-commercial use in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works from, or otherwise exploit our content without our express written permission.

6.3 User Content License

By submitting content to our Services (such as reviews, comments, or feedback), you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, distribute, and display such content in connection with our business operations.

6.4 Copyright Infringement

We respect intellectual property rights and expect our users to do the same. If you believe that any content on our Services infringes your copyright, please contact us with detailed information about the alleged infringement.

7. User Content

7.1 Content Responsibility

You are solely responsible for any content you submit, post, or transmit through our Services. This includes reviews, comments, feedback, and any other user-generated content. You represent that you have the right to submit such content and that it does not violate these Terms or any applicable laws.

7.2 Content Standards

User content must not be illegal, fraudulent, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable. Content should be relevant to our services and respectful of other users and our staff.

7.3 Content Removal

We reserve the right to review, edit, or remove any user content at our sole discretion, with or without notice. We may remove content that violates these Terms, is inappropriate, or for any other reason we deem necessary.

7.4 No Endorsement

User content does not reflect our views or opinions. We do not endorse, support, or guarantee the accuracy of any user content, and you should not rely on user content for making decisions about our services.

8. Payment and Billing

8.1 Payment Methods

We accept various payment methods including credit cards, debit cards, and other electronic payment systems. You must provide valid payment information and authorize us to charge your selected payment method for your orders.

8.2 Billing Authorization

By providing payment information, you authorize us to charge the applicable fees, taxes, and any additional charges that may be incurred in connection with your use of our Services. You are responsible for all charges incurred under your account.

8.3 Payment Processing

Payment processing is handled by third-party payment processors. We do not store your complete payment card information on our servers. Your payment information is subject to the privacy and security policies of our payment processors.

9. Disclaimers

9.1 Service Availability

Our Services are provided "as is" and "as available" without warranties of any kind. We do not guarantee that our Services will be uninterrupted, error-free, or completely secure. Service availability may vary due to maintenance, technical issues, or other factors.

9.2 Food Quality Disclaimer

While we strive to maintain consistent quality in our food products, we cannot guarantee that every item will meet your expectations. Food quality may be affected by delivery time, weather conditions, and individual preferences.

9.3 Third-Party Content

Our Services may contain links to third-party websites or content. We are not responsible for the accuracy, legality, or appropriateness of third-party content, and your use of such content is at your own risk.

9.4 Professional Advice

Information provided through our Services, including nutritional information, is for general informational purposes only and should not be considered professional dietary or medical advice. Consult with healthcare professionals for specific dietary needs.

10. Limitation of Liability

10.1 Maximum Liability

To the fullest extent permitted by law, our total liability to you for any claims arising from or related to these Terms or your use of our Services shall not exceed the amount you have paid us in the twelve months preceding the claim.

10.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, regardless of whether we have been advised of the possibility of such damages.

10.3 Food-Related Claims

Our liability for food-related claims is limited to the replacement of the food item or refund of the purchase price. We are not liable for any illness, allergic reactions, or other health issues that may result from consuming our food products, except as required by applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from your use of our Services, your violation of these Terms, or your violation of any rights of third parties.

12. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We do not assume responsibility for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of such third-party services.

13. Termination

13.1 Termination by Company

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Services will cease immediately.

13.2 Termination by User

You may terminate your account and discontinue use of our Services at any time by contacting our customer service or following the account deletion procedures provided in our Services.

13.3 Effect of Termination

Upon termination, any provisions of these Terms that by their nature should survive termination shall remain in effect, including ownership provisions, warranty disclaimers, and limitations of liability.

14. Governing Law and Disputes

14.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of Louisiana and the United States, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or your use of our Services shall be resolved through good faith negotiations. If negotiations fail, disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in New Orleans, Louisiana.

14.3 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes with us on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

15. Changes to Terms

We reserve the right to modify these Terms at any time by posting the revised Terms on our website. We will notify users of material changes through our Services or via email. Your continued use of our Services after the effective date of any changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Costa Vida regarding your use of our Services.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced with a valid provision that most closely reflects our intent.

16.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing.

16.4 Assignment

We may assign our rights and obligations under these Terms to any third party without restriction. You may not assign your rights or obligations under these Terms without our prior written consent.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, pandemics, or other force majeure events.

17. Contact Information

If you have any questions, concerns, or complaints about these Terms or our Services, please contact us:

• Address: 800 Tchoupitoulas St, New Orleans, LA 70130, USA
• Phone: +1 504-528-9393
• Email: [email protected]
• Website: vidas-costa.top

We strive to respond to all inquiries within 2-3 business days. For urgent matters, please call our customer service line during business hours (Monday-Friday, 9:00 AM - 6:00 PM).