Terms of Service

1. Introduction and Acceptance

Welcome to Cafe Rio ("we," "us," "our," or "Company"), a food service establishment operating at 8060 11th St, Terrebonne, OR 97760, USA. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Cafe Rio regarding your use of our website (cafe-rios.digital), mobile applications, food ordering services, delivery services, and any other services we provide (collectively, the "Services").

By accessing our website, placing an order, creating an account, or using any of our Services, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

Account Responsibility

If you create an account with us, 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 access to your account.

Updates to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this document and notify you through email, website notifications, or other reasonable means. 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," or "Company" refers to Cafe Rio, a food service business operating in the United States.
• "You," "Your," or "User" refers to any individual or entity accessing or using our Services.
• "Services" means all services provided by Cafe Rio, including but not limited to our website, mobile applications, food preparation, delivery, catering, and customer support.
• "Content" refers to all information, data, text, images, videos, audio, software, and other materials available through our Services.
• "Website" refers to cafe-rios.digital and any associated subdomains or mobile applications.
• "Order" means any request for food or services submitted through our platform.
• "Delivery Zone" refers to the geographic areas where we provide delivery services.
• "Account" means any user profile created on our platform for accessing Services.

3. Use of Services

3.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for the following purposes:

• Personal Use: Access our website and mobile applications for personal, non-commercial purposes related to food ordering and dining.
• Order Placement: Browse our menu, place orders for food and beverages, and utilize our delivery or pickup services.
• Account Management: Create and maintain a user account to track orders, save preferences, and receive updates.
• Legal Compliance: Use our Services in accordance with all applicable laws, regulations, and these Terms.
• Information Accuracy: Provide accurate, current, and complete information when placing orders or creating accounts.

3.2 Prohibited Use

• Illegal Activities: Using our Services for any unlawful purpose or in violation of any applicable laws or regulations.
• Harmful Behavior: Engaging in conduct that could harm, disable, overburden, or impair our Services or interfere with other users' enjoyment of our Services.
• Unauthorized Access: Attempting to gain unauthorized access to our systems, other users' accounts, or any part of our Services not intended for public access.
• Intellectual Property Violations: Using, copying, or distributing our proprietary content without express written permission.
• False Information: Providing false, misleading, or inaccurate information during registration, ordering, or any interaction with our Services.
• Commercial Exploitation: Using our Services for commercial purposes without our prior written consent, including reselling our products or services.
• System Interference: Using any automated systems, bots, or scripts to access our Services or attempting to reverse engineer our software.
• Spam and Solicitation: Sending unsolicited communications or using our platform for promotional activities without authorization.
• Data Mining: Extracting data from our Services through automated means or for competitive intelligence purposes.
• Security Breaches: Attempting to circumvent security measures or exploit vulnerabilities in our systems.

4. User Accounts

Registration Requirements

To access certain features of our Services, you may be required to create an account. When registering, you must provide accurate, complete, and current information. This includes your full name, valid email address, phone number, and delivery address within our service area.

Account Security Responsibility

You are solely responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to:

• Choose a strong password and keep it secure
• Not share your account credentials with others
• Notify us immediately of any unauthorized use of your account
• Log out of your account when finished using our Services
• Accept responsibility for all activities under your account

Accurate Information

You must ensure that all information provided in your account is accurate and up-to-date. This is particularly important for delivery information, contact details, and payment methods. Inaccurate information may result in delivery delays, order cancellations, or service interruptions.

One Account Per Person

Each person may maintain only one active account. Creating multiple accounts to circumvent restrictions, obtain unauthorized benefits, or engage in fraudulent activity is prohibited and may result in account suspension or termination.

Account Termination Rights

We reserve the right to suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms or engaged in conduct harmful to our business or other users. You may also terminate your account at any time by contacting customer service or using account closure features where available.

5. Products and Services

Food Safety and Quality Standards

At Cafe Rio, we maintain the highest standards of food safety and hygiene in compliance with all applicable health department regulations, FDA guidelines, and local food safety requirements. Our kitchen facilities are regularly inspected and certified to ensure safe food preparation and handling.

Product Descriptions and Accuracy

We strive to provide accurate descriptions, images, and nutritional information for all menu items. However, actual products may vary slightly from descriptions due to seasonal availability of ingredients, preparation variations, or other factors beyond our control. We reserve the right to modify menu items, ingredients, or discontinue products without prior notice.

Pricing and Availability

All prices displayed on our website and applications are in U.S. Dollars and are subject to change without notice. Prices may vary based on location, time of day, and promotional offers. Menu item availability may be limited due to supply constraints, time of day, or seasonal factors. We reserve the right to limit quantities and refuse orders at our discretion.

Delivery Terms and Timing

Delivery services are available within our designated delivery zones during specified operating hours. Delivery times are estimates and may vary based on:

• Order volume and kitchen capacity
• Weather conditions and traffic
• Distance from our location to delivery address
• Accuracy of provided delivery information
• Special preparation requirements

Delivery Zone Restrictions

Delivery is available only within our established delivery zones. Delivery zones may change based on operational capacity, weather conditions, or other factors. A delivery fee applies to all delivery orders, and minimum order requirements may apply for delivery service.

Temperature-Sensitive Item Handling

We take special care in packaging and transporting temperature-sensitive items to maintain food safety and quality. However, we cannot guarantee that food will maintain optimal temperature during extended delivery times or if delivery instructions are not followed properly.

Order Acceptance and Cancellation

All orders are subject to acceptance by Cafe Rio. We reserve the right to refuse or cancel orders for any reason, including but not limited to:

• Inability to verify payment information
• Suspected fraudulent activity
• Orders outside our delivery zone
• Inventory limitations
• Violation of these Terms

Order Modification Policy

Order modifications may be possible if requested immediately after order placement and before food preparation begins. Once preparation has started, modifications may not be possible. Please contact us immediately if changes are needed.

Minimum Order Requirements

Delivery orders may be subject to minimum order amounts, which vary by delivery zone and time of day. Current minimum order requirements are displayed during the checkout process.

Payment Terms

Payment is required at the time of order placement. We accept major credit cards, debit cards, and other payment methods as indicated on our platform. You authorize us to charge your selected payment method for the total order amount, including applicable taxes, fees, and gratuities.

Food Quality Guarantee

We stand behind the quality of our food and service. If you are not satisfied with your order, please contact us within 24 hours of delivery or pickup. We will work with you to resolve any quality issues in accordance with our customer satisfaction policies.

Returns and Refunds

Due to the perishable nature of food products, returns are generally not accepted. Refunds may be provided at our discretion for valid quality or service issues. For complete refund policy details, please refer to our separate Refund Policy document available at refund.html.

6. Intellectual Property

Our Ownership Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, videos, audio clips, software, and the compilation thereof (collectively, "Company Content"), are owned by Cafe Rio or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Cafe Rio name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Cafe Rio or its affiliates. You may not use such marks without our prior written permission.

Limited License to Users

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for their intended purpose. This license does not include any right to:

• Reproduce, distribute, or publicly display Company Content
• Create derivative works based on our Services
• Use our trademarks or service marks
• Reverse engineer or decompile any software
• Remove or alter any copyright or other proprietary notices

User Content License

When you submit content to our Services (such as reviews, comments, photos, or feedback), you grant us a worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

Copyright Infringement Reporting

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

• Description of the copyrighted work you claim has been infringed
• Description of where the allegedly infringing material is located on our Services
• Your contact information
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information in your notice is accurate
• Your physical or electronic signature

7. User Content

Responsibility for Your Content

You are solely responsible for all content you submit, post, or transmit through our Services ("User Content"). This includes reviews, comments, photos, videos, and any other materials you provide. You represent and warrant that your User Content:

• Is accurate, truthful, and not misleading
• Does not violate any laws or regulations
• Does not infringe upon the rights of others
• Does not contain harmful, offensive, or inappropriate material
• Is not spam, promotional, or commercial in nature (unless authorized)

License Grant to Company

By submitting User Content, you grant Cafe Rio a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media for marketing, promotional, or operational purposes.

Prohibited Content

User Content must not contain or promote:

• Illegal activities or substances
• Harassment, bullying, or threats
• Discrimination based on race, religion, gender, or other protected characteristics
• False or defamatory statements
• Obscene, vulgar, or sexually explicit material
• Spam or unsolicited promotional content
• Malware, viruses, or other harmful code
• Personal information of others without consent

Right to Remove Content

We reserve the right, but not the obligation, to monitor, review, and remove User Content at any time and for any reason, including if we determine that content violates these Terms or is otherwise objectionable. We may also disable accounts that repeatedly submit inappropriate content.

No Endorsement

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. User Content represents the views of its authors and not necessarily the views of Cafe Rio.

8. Disclaimers

'As Is' Service Provision

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No Warranty of Uninterrupted Service

We do not warrant that our Services will be uninterrupted, secure, or error-free, or that defects will be corrected. We do not guarantee that our Services will meet your requirements or that the information obtained through our Services will be accurate or reliable.

Third-Party Content Disclaimer

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

Professional Advice Disclaimer

Information provided through our Services, including nutritional information, allergen warnings, and dietary suggestions, is for general informational purposes only and should not be considered professional medical or dietary advice. Consult with healthcare professionals before making dietary decisions, especially if you have allergies, medical conditions, or special dietary requirements.

Food Safety Disclaimer

While we maintain high food safety standards, we cannot guarantee that our food products will be free from all contaminants or that they will remain at optimal temperatures during delivery. Food safety also depends on proper handling by delivery personnel and customers after receipt.

9. Limitation of Liability

Maximum Liability Limits

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Excluded Damages

We shall not be liable for any damages resulting from:

• Food-borne illness, allergic reactions, or dietary complications
• Delays in delivery or service interruptions
• Loss of data or system failures
• Third-party actions or content
• Acts of nature, war, terrorism, or other force majeure events
• Your violation of these Terms
• Unauthorized access to your account

Essential Purpose

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Jurisdictional Variations

If you are located in a jurisdiction that does not allow certain limitations of liability, these limitations may not apply to you, and our liability will be limited to the maximum extent permitted by applicable law in your jurisdiction.

10. Indemnification

User Indemnification Obligation

You agree to indemnify, defend, and hold harmless Cafe Rio, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing our Services using your account.

Defense and Settlement Rights

We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such case, you agree to cooperate with any reasonable requests assisting our defense of such claims.

Survival of Indemnification

Your indemnification obligations will survive termination of these Terms and your use of our Services.

11. Third-Party Links and Services

No Responsibility for Third Parties

Our Services may contain links to third-party websites, applications, services, or content that are not owned, operated, or controlled by Cafe Rio. We provide these links for your convenience only and do not review, approve, monitor, endorse, warrant, or make any representations with respect to third parties or their products or services.

Third-Party Terms Apply

When you access third-party services through our platform, you become subject to their terms of service and privacy policies. We encourage you to read the terms and conditions and privacy policy of each third-party service you visit or use.

No Endorsement

Your correspondence or business dealings with third parties found through our Services, including payment for and delivery of goods or services, are solely between you and such third parties. We shall not be responsible or liable for any loss or damage incurred as the result of any such dealings.

12. Termination

Company Right to Terminate

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Reasons for termination may include:

• Violation of these Terms or any applicable laws
• Fraudulent or deceptive conduct
• Abuse of our staff or other users
• Repeated order cancellations or payment failures
• Use of our Services for commercial purposes without authorization
• Creation of multiple accounts to circumvent restrictions

User Right to Terminate

You may terminate your account at any time by contacting our customer service team or by using account deletion features where available. Upon termination, your right to use our Services will cease immediately.

Effect of Termination

Upon termination of your account:

• Your access to our Services will be immediately suspended
• We may delete your account information and associated data
• Outstanding orders may be cancelled (subject to our cancellation policy)
• Stored payment methods and personal information may be deleted
• You will remain liable for any outstanding charges or obligations

Survival of Provisions

The following sections shall survive termination of these Terms: Definitions, Intellectual Property, User Content, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Disputes, and General Provisions.

13. Governing Law and Disputes

Applicable Law

These Terms shall be interpreted and governed by the laws of the State of Oregon and the United States of America, without regard to conflict of law provisions. You agree that any legal action or proceeding relating to these Terms or your use of our Services shall be brought exclusively in the federal or state courts located in Oregon, and you consent to the jurisdiction of such courts.

Dispute Resolution Process

Before filing any legal claim, you agree to first contact us to attempt to resolve the dispute informally. We encourage good-faith efforts to resolve disputes through direct communication. Please send dispute notices to [email protected] with detailed information about your concern.

Informal Resolution Period

You agree to provide us with at least thirty (30) days to attempt to resolve any dispute before pursuing formal legal action. During this period, we will work in good faith to address your concerns and find a mutually acceptable resolution.

Jurisdiction and Venue

If informal resolution is unsuccessful, any disputes arising from these Terms or your use of our Services must be resolved through the courts located in Oregon, United States. You waive any objection to personal jurisdiction and venue in these courts.

Time Limitation

Any claim or cause of action arising from these Terms or your use of our Services must be filed within one (1) year after the claim or cause of action arises, or it will be forever barred.

14. Changes to Terms

Right to Modify

We reserve the right to modify these Terms at any time at our sole discretion. This includes adding new terms, deleting existing terms, or changing the interpretation of existing terms. We may make changes to address legal requirements, improve our Services, or reflect changes in our business practices.

Notification of Changes

When we make material changes to these Terms, we will notify you through one or more of the following methods:

• Email notification to the address associated with your account
• Prominent notice on our website or mobile application
• In-app notifications or alerts
• Updated "Last Modified" date at the top of this document

Continued Use Constitutes Acceptance

Your continued use of our Services after the effective date of any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our Services immediately.

Review Responsibility

It is your responsibility to periodically review these Terms to stay informed of updates. We recommend checking this page regularly, especially before using our Services after any significant changes to our business or operations.

15. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any other legal notices published by us on our Services, constitute the entire agreement between you and Cafe Rio regarding your use of our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and benefit the parties and their successors and permitted assigns.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, government action, war, terrorism, labor disputes, or other causes beyond our reasonable control. In such events, we will make reasonable efforts to minimize disruption to our Services.

Headings

The headings in these Terms are for convenience only and have no legal or contractual effect. They are intended solely to help organize and identify the sections of these Terms.

Language

These Terms are written in English. Any translations provided for convenience are not legally binding. In the event of any conflict between the English version and any translation, the English version shall control.

16. Contact Information

How to Reach Us

For questions about these Terms of Service, concerns about your account, or any other inquiries related to our Services, please contact us using the information provided above. We are committed to addressing your concerns promptly and professionally.

Customer Service Hours

Our customer service team is available Monday through Friday, 9:00 AM to 6:00 PM Pacific Time. We strive to respond to all inquiries within 24 hours during business days.

Response Times

We aim to respond to all customer inquiries within the following timeframes:

• Urgent issues (order problems, delivery issues): Within 2 hours during business hours
• General inquiries: Within 24 hours during business days
• Account and technical issues: Within 48 hours
• Legal and policy questions: Within 5 business days

Thank you for choosing Cafe Rio. We appreciate your business and your compliance with these Terms of Service.