Terms of Service

1. Introduction and Acceptance

Welcome to Costa Vida ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Costa Vida regarding your use of our website located at costa-vidas.top (the "Website"), our food delivery services, restaurant services, and any related services provided by us (collectively, the "Services").

By accessing or using our Website or Services, placing an order, creating an account, or otherwise engaging with Costa Vida, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms, you must not use our Website or Services.

1.1 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
• Have the legal capacity to enter into binding contracts
• Provide accurate, current, and complete information when creating an account
• Comply with all applicable local, state, national, and international laws

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 agree to notify us immediately of any unauthorized use of your account or any security breach.

1.3 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 our Services after changes are posted constitutes acceptance of the modified Terms.

2. Definitions

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

• "Company," "we," "us," or "our" refers to Costa Vida, a food service business operating from 808 Bienville St, New Orleans, LA 70112, USA
• "User," "you," or "your" refers to any individual or entity accessing or using our Services
• "Services" includes our website, food preparation, restaurant dining, delivery services, catering, and all related offerings
• "Content" means all information, text, images, videos, audio, software, code, and other materials available through our Services
• "Website" refers to costa-vidas.top and all associated subdomains and pages
• "Order" means a request for food products or services placed through our Website or other ordering channels
• "Products" refers to all food items, beverages, and related merchandise offered by Costa Vida

3. Use of Services

3.1 Permitted Use

You may use our Services for the following purposes:

• Personal, non-commercial use in accordance with these Terms
• Browsing our menu and restaurant information
• Placing orders for food and beverages
• Making reservations and booking services
• Accessing customer support
• Participating in loyalty programs and promotions
• Providing feedback and reviews

3.2 Prohibited Use

You are strictly prohibited from:

• Using our Services for any illegal, unauthorized, or prohibited purpose
• Attempting to gain unauthorized access to our systems, servers, or networks
• Interfering with or disrupting our Services or servers
• Using automated scripts, bots, or crawlers to access our Website
• Violating any intellectual property rights
• Transmitting viruses, malware, or other harmful code
• Engaging in fraudulent activities or providing false information
• Harassing, intimidating, or threatening our staff or other users
• Posting inappropriate, offensive, or harmful content
• Attempting to reverse engineer our software or systems
• Reselling or redistributing our Services without authorization
• Using our Services to spam or send unsolicited communications

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, you may need to create an account. When registering, you must:

• Provide accurate, current, and complete information
• Choose a secure password and keep it confidential
• Update your information promptly if it changes
• Not share your account with others
• Not create multiple accounts without our permission

4.2 Account Security

You are solely responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

4.3 Account Termination

We reserve the right to terminate or suspend your account at any time for violation of these Terms, suspicious activity, or for any other reason at our sole discretion. You may also terminate your account at any time by contacting us.

5. Products and Services

5.1 Food Safety and Quality Standards

Costa Vida is committed to maintaining the highest food safety and hygiene standards. We comply with all applicable food safety regulations and health department requirements. However, we cannot guarantee that our products are free from all allergens or contaminants.

5.2 Allergen Information and Disclaimers

Our kitchen handles various allergens including but not limited to nuts, dairy, gluten, soy, eggs, and shellfish. While we take precautions to prevent cross-contamination, we cannot guarantee that any item is completely free from allergens. Customers with food allergies or dietary restrictions should inform us and exercise caution when ordering.

5.3 Product Descriptions and Pricing

We strive to provide accurate descriptions and pricing for all products. However, we reserve the right to correct errors, update prices, and modify product descriptions at any time without notice. Prices are subject to change and may vary by location.

5.4 Order Acceptance and Processing

All orders are subject to acceptance by Costa Vida. We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to product availability, payment issues, or suspected fraudulent activity.

5.5 Delivery Terms and Conditions

• Delivery Areas: We deliver to specified zones around our location. Delivery availability may be limited by distance, weather, or other factors
• Delivery Times: Estimated delivery times are approximate and may vary based on order volume, weather, and other factors
• Minimum Orders: Minimum order requirements may apply for delivery services
• Delivery Fees: Additional charges apply for delivery services as displayed at checkout
• Contact Requirements: You must provide accurate contact information and be available to receive your order

5.6 Order Modifications and Cancellations

Orders may be modified or cancelled within a limited time after placement, subject to kitchen preparation status. Once food preparation has begun, orders cannot be cancelled or modified. Cancellation and refund policies are detailed in our Refund Policy.

5.7 Temperature-Sensitive Items

Certain food items are temperature-sensitive and must be consumed promptly upon delivery. We are not responsible for food quality deterioration due to delayed consumption or improper storage after delivery.

5.8 Payment Terms

Payment is required at the time of order placement. We accept various payment methods as displayed on our Website. You authorize us to charge your payment method for all applicable fees, taxes, and charges.

6. Intellectual Property

All content on our Website and Services, including but not limited to text, graphics, logos, images, videos, software, and trademarks, is the exclusive property of Costa Vida or our licensors and is protected by copyright, trademark, and other intellectual property laws.

6.1 Our Rights

We own or license all rights to:

• The Costa Vida name, logo, and branding
• Website design and functionality
• Proprietary recipes and menu items
• Marketing materials and content
• Software and technical systems

6.2 Limited License to Users

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.

6.3 User Content License

By submitting reviews, photos, or other content to our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for business purposes.

7. User Content

7.1 Your Responsibility

You are solely responsible for all content you post, upload, or submit through our Services. You represent that you have all necessary rights to submit such content and that it does not violate any third-party rights.

7.2 Prohibited Content

You may not submit content that is:

• Illegal, harmful, or threatening
• Defamatory, libelous, or invasive of privacy
• Obscene, pornographic, or sexually explicit
• Discriminatory or hateful
• Infringing on intellectual property rights
• Spam or unsolicited commercial communication
• Containing viruses or malicious code

7.3 Content Removal

We reserve the right to remove, edit, or reject any user content at our sole discretion without notice. We do not endorse or take responsibility for user-generated content.

8. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.1 Service Availability

We do not warrant that our Services will be uninterrupted, secure, or error-free. Service availability may be affected by maintenance, technical issues, or other factors beyond our control.

8.2 Third-Party Content

Our Services may contain links to third-party websites or content. We are not responsible for the accuracy, content, or practices of third parties.

8.3 Professional Advice

Information provided through our Services is for general informational purposes only and should not be considered professional nutritional, dietary, or medical advice.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COSTA VIDA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES.

9.1 Maximum Liability

Our total liability to you for all claims arising from or relating to these Terms or your use of our Services shall not exceed the amount you paid to us in the twelve months preceding the claim.

9.2 Essential Purpose

The limitations in this section apply even if any limited remedy fails of its essential purpose.

10. Indemnification

You agree to indemnify, defend, and hold harmless Costa Vida, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or post
• Your negligent or wrongful conduct

11. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or applications. We provide these links for convenience only and do not endorse or take responsibility for third-party content, policies, or practices. Your interactions with third parties are solely between you and the third party.

12. Termination

12.1 Company Right to Terminate

We may terminate or suspend your access to our Services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

12.2 User Right to Terminate

You may terminate your account at any time by contacting us or by discontinuing use of our Services.

12.3 Effect of Termination

Upon termination, your right to use our Services will cease immediately. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Governing Law and Disputes

13.1 Applicable Law

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

13.2 Jurisdiction and Venue

Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in New Orleans, Louisiana, and you consent to the jurisdiction of such courts.

13.3 Dispute Resolution

Before filing any formal legal action, parties agree to attempt to resolve disputes through good faith negotiation for at least 30 days.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on our Website with an updated effective date. Your continued use of our Services after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

15. General Provisions

15.1 Entire Agreement

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

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.

15.6 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

16. Contact Information

If you have any questions about these Terms of Service, please contact us: