Terms of Service

1. Introduction and Acceptance

Welcome to Cafe Rio, a food service business operating at riocafes.click ("Website"). These Terms of Service ("Terms") constitute a legally binding agreement between Cafe Rio ("we," "us," "our," or "Company") and you ("you," "your," or "User") regarding your access to and use of our website, mobile application, food delivery services, and all related services (collectively, the "Services").

By accessing, browsing, or using our Services, including placing orders, creating an account, or interacting with our platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated herein by reference.

Eligibility Requirements: To use our Services, you must be at least 18 years of age or have reached the age of majority in your jurisdiction, whichever is older. You must possess the legal authority to enter into this agreement and must not be prohibited from using the Services under applicable law. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Account Responsibility: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy.

Updates to Terms: We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our Website. Your continued use of the Services after any modification constitutes acceptance of the updated Terms. We recommend reviewing these Terms periodically to stay informed of any changes.

2. Definitions

For purposes of these Terms, the following definitions apply:

• "Company," "we," "us," or "our" refers to Cafe Rio, a food service business located at 300 Goose Cove Rd, Deer Isle, ME 04627, USA.
• "User," "you," or "your" refers to any individual or entity that accesses or uses our Services.
• "Services" encompasses our website (riocafes.click), mobile applications, food preparation and delivery services, catering services, online ordering platform, customer support, and all related features and functionalities.
• "Content" includes all text, images, videos, audio files, software, data, graphics, recipes, menu information, promotional materials, and any other materials available through our Services.
• "Website" refers to riocafes.click and all associated domains and subdomains.
• "Account" means the user profile created when you register for our Services.
• "Order" refers to a request for food products or services placed through our platform.
• "Delivery Zone" means the geographic areas where we provide delivery services.

3. Use of Services

3.1 Permitted Use

You may use our Services for the following purposes:

• Personal, Non-Commercial Use: Browse our menu, place orders for personal consumption, and access information about our services for legitimate personal purposes.
• Compliance with Laws: Use the Services in accordance with all applicable local, state, federal, and international laws and regulations.
• Accurate Information: Provide truthful and accurate information when creating accounts, placing orders, and communicating with us.
• Food Safety Cooperation: Follow all food safety guidelines and report any concerns promptly to ensure public health and safety.

3.2 Prohibited Use

The following activities are strictly prohibited when using our Services:

• Illegal Activities: Using the Services for any unlawful purpose or in violation of any applicable laws or regulations.
• Harmful Behavior: Engaging in conduct that is harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, or user accounts.
• Intellectual Property Violations: Infringing upon our intellectual property rights or those of third parties.
• Spam and Solicitation: Sending unsolicited communications, advertisements, or promotional materials.
• False Information: Providing false, misleading, or fraudulent information in orders, reviews, or account registration.
• System Interference: Disrupting, interfering with, or damaging our Services or servers through viruses, malware, or other malicious code.
• Commercial Exploitation: Using our Services for commercial purposes without explicit written permission.
• Data Mining: Extracting data from our Services through automated means without authorization.

4. User Accounts

Registration Requirements: To access certain features of our Services, including placing orders and tracking deliveries, you may be required to create an account. During registration, you must provide accurate, complete, and current information, including your name, contact information, delivery address, and payment details.

Account Security: You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You must immediately notify us of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage resulting from your failure to protect your account information.

Accurate Information: You agree to keep your account information current and accurate. This includes updating your delivery address, contact information, and payment methods as needed. Inaccurate information may result in delivery delays, order cancellations, or account suspension.

One Account Per Person: Each user may maintain only one active account. Creating multiple accounts to circumvent restrictions or abuse our Services is prohibited.

Account Termination Rights: We reserve the right to suspend or terminate your account at any time for violation of these Terms, suspicious activity, or for any other reason at our sole discretion. You may terminate your account at any time by contacting customer service or using account closure features in your profile settings.

5. Products and Services

Food Service Offerings: Cafe Rio provides authentic Mexican cuisine prepared with fresh ingredients and traditional recipes. Our services include dine-in, takeout, delivery, and catering options, subject to availability and location restrictions.

Product Descriptions and Accuracy: We strive to provide accurate descriptions of our food items, including ingredients, nutritional information, and preparation methods. However, recipes may vary slightly due to ingredient availability, seasonal changes, or preparation variations. We cannot guarantee that product descriptions are error-free or complete.

Allergen Information: We provide allergen information to the best of our ability, but cross-contamination may occur in our kitchen facilities. Customers with food allergies or dietary restrictions should inform us of their needs and exercise caution. We are not responsible for allergic reactions resulting from undisclosed allergies or cross-contamination.

Pricing and Availability: All prices displayed on our Services are in U.S. dollars and are subject to change without notice. Menu items are subject to availability, and we reserve the right to discontinue items or modify recipes at any time. Promotional prices and discounts may have specific terms and expiration dates.

Order Acceptance and Modification: All orders are subject to acceptance by Cafe Rio. We reserve the right to refuse or cancel orders at our discretion, including orders that appear fraudulent, exceed inventory, or violate these Terms. Order modifications may be possible if requested promptly, but we cannot guarantee changes once preparation has begun.

Delivery Terms: Delivery services are available within designated delivery zones during operating hours. Delivery times are estimates and may vary due to weather, traffic, order volume, or other factors. We reserve the right to modify delivery zones and fees at any time.

Minimum Order Requirements: Delivery orders may be subject to minimum purchase requirements, which vary by location and may change without notice.

Temperature-Sensitive Items: We take reasonable precautions to maintain food temperature during delivery, but we cannot guarantee temperature maintenance for extended periods. Orders should be consumed promptly upon delivery for optimal quality and safety.

Food Quality Guarantee: We stand behind the quality of our food. If you are unsatisfied with your order due to quality issues, please contact us immediately for resolution. Our refund and return policy is detailed in our separate Refund Policy document.

6. Intellectual Property

Our Ownership: All content available through our Services, including but not limited to text, graphics, logos, images, recipes, audio clips, software, data compilations, and the overall design and functionality of the Services, is owned by Cafe Rio or our licensors and is protected by copyright, trademark, patent, and other intellectual property laws.

Trademarks: "Cafe Rio" and related marks, logos, and trade names are trademarks or registered trademarks of our company. You may not use our trademarks without our prior written consent.

Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms. This license does not permit you to download, copy, modify, distribute, or create derivative works from our Content without explicit permission.

User Content License: By submitting content to our Services (such as reviews, photos, or comments), you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, and display such content for business purposes, including marketing and promotional activities.

Copyright Infringement: We respect intellectual property rights and expect users to do the same. If you believe your copyright has been infringed, please contact us at [email protected] with detailed information about the alleged infringement.

7. User Content

Responsibility for Your Content: You are solely responsible for all content you submit, upload, or otherwise provide through our Services, including reviews, comments, photos, and profile information. You represent and warrant that you own or have the right to use all content you submit.

License Grant: By submitting content, you grant Cafe Rio a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display your content in connection with our Services and business operations.

Prohibited Content: You may not submit content that is:

• Unlawful, harmful, threatening, abusive, or harassing
• Defamatory, vulgar, obscene, or invasive of privacy
• Infringing on intellectual property rights
• Containing viruses or malicious code
• False, misleading, or fraudulent
• Spam or unsolicited commercial content
• Discriminatory or hateful based on race, religion, gender, or other protected characteristics

Content Removal: We reserve the right to remove, edit, or reject any user content at our sole discretion without notice. We may also suspend or terminate accounts that repeatedly violate our content policies.

No Endorsement: We do not endorse user content and are not responsible for its accuracy, completeness, or appropriateness. User content reflects the views of its creators, not necessarily those of Cafe Rio.

8. Disclaimers

Service "As Is": Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or completely secure.

No Warranty of Service Continuity: While we strive to maintain consistent service availability, we do not guarantee uninterrupted access to our Services. Maintenance, updates, technical issues, or external factors may temporarily affect service availability.

Third-Party Content: Our Services may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of third-party sites and do not endorse their content or services.

Professional Advice: Information provided through our Services is for general informational purposes only and should not be considered professional dietary, medical, or nutritional advice. Consult with qualified professionals for specific dietary needs or health concerns.

Food Safety: While we maintain high food safety standards, we cannot guarantee that our food products will be free from all potential contaminants or allergens. Customers with specific dietary restrictions or allergies should exercise appropriate caution.

9. Limitation of Liability

Maximum Liability: To the fullest extent permitted by law, our total liability for any claims arising from or related to these Terms or the use of our Services shall not exceed the amount you paid us for the specific service giving rise to the claim during the twelve (12) months preceding the claim.

Excluded Damages: In no event shall Cafe Rio be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, or business interruption, regardless of the theory of liability.

Food-Related Claims: Our liability for food-related issues, including but not limited to food poisoning, allergic reactions, or quality concerns, is limited to the replacement of the affected items or refund of the purchase price, except where prohibited by law.

Delivery Issues: Our liability for delivery-related problems, including delays, incorrect addresses, or damaged items, is limited to redelivery of the order or refund of delivery charges.

Essential Purpose: Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

10. Indemnification

User Indemnification: You agree to indemnify, defend, and hold harmless Cafe Rio, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorney fees, resulting from your use of the Services, violation of these Terms, or infringement of any intellectual property or other right of any person or entity.

Defense and Settlement: We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully in the defense of any such claims. You may not settle any claim covered by this indemnification provision without our prior written consent.

Survival: This indemnification provision shall survive termination of these Terms and your use of the Services.

11. Third-Party Links and Services

Third-Party Content: Our Services may contain links to websites, services, or applications operated by third parties. These links are provided for convenience and informational purposes only.

No Responsibility: We are not responsible for the availability, content, privacy policies, or practices of third-party websites or services. We do not endorse or make any representations about third-party sites or their content.

Third-Party Terms Apply: Your interactions with third-party services are governed by their respective terms of service and privacy policies. We encourage you to review these documents before using third-party services.

Payment Processors: We may use third-party payment processors to handle transactions. Your payment information is subject to the privacy policies and security measures of these processors in addition to our own policies.

12. Termination

Company Termination Rights: We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including violation of these Terms, suspected fraudulent activity, or at our sole discretion.

User Termination Rights: You may terminate your account at any time by contacting our customer service team at [email protected] or through your account settings. Termination does not relieve you of any obligations incurred prior to termination.

Effect of Termination: Upon termination, your right to use the Services will cease immediately. We may retain certain account information as required by law or for legitimate business purposes. Outstanding orders and payments remain subject to these Terms.

Survival of Terms: Provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law shall survive termination of these Terms.

13. Governing Law and Disputes

Applicable Law: These Terms and any disputes arising from or relating to the Services shall be governed by and construed in accordance with the laws of the State of Maine and the United States, without regard to conflict of law principles.

Jurisdiction and Venue: Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Maine, and you consent to the jurisdiction and venue of such courts.

Dispute Resolution: Before initiating any legal proceeding, you agree to attempt to resolve disputes through direct communication with our customer service team. We are committed to working with customers to resolve issues amicably and efficiently.

Limitation Period: Any claim or cause of action arising from or related to the use of our Services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

Class Action Waiver: To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Changes to Terms

Right to Modify: We reserve the right to modify these Terms at any time to reflect changes in our services, legal requirements, or business practices. Updates may include changes to pricing, service offerings, delivery policies, or other operational aspects.

Notification of Changes: Material changes to these Terms will be communicated through prominent notice on our Website, email notification to registered users, or other appropriate means. We encourage you to review these Terms periodically.

Acceptance of Changes: Your continued use of the Services after notification of changes constitutes acceptance of the updated Terms. If you do not agree with the changes, you must discontinue use of the Services.

Review Responsibility: It is your responsibility to check these Terms periodically for changes. We will indicate the effective date of the most recent version at the top of this document.

15. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published on our Services, constitute the entire agreement between you and Cafe Rio regarding the use of our Services.

Severability: If any provision of these Terms is found to be unenforceable or invalid under applicable law, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Cafe Rio.

Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, labor disputes, or other unforeseeable events.

Headings: The section headings in these Terms are for convenience only and do not affect the interpretation of the provisions.

16. Contact Information

If you have questions about these Terms of Service, need to report violations, or require assistance with our Services, please contact us using the following information:

Cafe Rio
300 Goose Cove Rd
Deer Isle, ME 04627
United States

Email: [email protected]
Phone: +1 207-348-6900

Response Times: We strive to respond to all inquiries within 24-48 hours during regular business hours. For urgent matters related to food safety or order issues, please call our phone number for immediate assistance.

Business Hours: Monday through Friday, 9:00 AM - 6:00 PM Eastern Time

For specific issues such as order problems, refund requests, or account assistance, please provide relevant details including your order number, account information, and a clear description of the issue to expedite resolution.