Terms of Service

1. Introduction and Acceptance

Welcome to Costa Vida ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website, mobile applications, and all food delivery, catering, and restaurant services (collectively, the "Services") operated by Costa Vida.

By accessing or using our Services, creating an account, placing an order, or engaging with our platform in any way, you ("User," "you," or "your") agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must immediately discontinue use of our Services.

1.1 Eligibility Requirements

• You must be at least 18 years of age or have reached the age of majority in your jurisdiction
• You must have the legal capacity to enter into binding agreements
• You must provide accurate, current, and complete information during registration
• You must not be prohibited from using our Services under applicable law

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 or 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 such modifications constitutes acceptance of the updated Terms.

2. Definitions

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

• "Company," "we," "us," or "our" refers to Costa Vida, a food service business operating at Ulitsa Varvarka, 6, Moskva, Russia, 109012
• "User," "you," or "your" refers to any individual or entity accessing or using our Services
• "Services" includes our website (costavidas.rest), mobile applications, food delivery services, catering services, restaurant dining services, and all related features and functionality
• "Content" refers to all text, graphics, images, music, software, audio, video, information, and other materials available through our Services
• "Website" refers to costavidas.rest and all associated subdomains and pages
• "Order" means any request for food products or services placed through our platform
• "Delivery Zone" refers to 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 for ordering food and related services
• Browsing our menu and restaurant information
• Creating and managing your user account
• Communicating with our customer service team
• Participating in promotions and loyalty programs
• Providing feedback and reviews in accordance with our guidelines

3.2 Prohibited Use

You are strictly prohibited from:

• Using our Services for any illegal, fraudulent, or unauthorized purposes
• Attempting to gain unauthorized access to our systems, servers, or networks
• Interfering with or disrupting the integrity or performance of our Services
• Creating false accounts or impersonating others
• Transmitting viruses, malware, or other harmful code
• Harvesting or collecting user information without authorization
• Using automated systems (bots, scripts) to access our Services
• Violating any applicable local, state, national, or international laws
• Infringing upon intellectual property rights
• Sending spam or unsolicited communications
• Providing false, misleading, or incomplete information
• Using our Services to compete with our business

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, you must create an account by providing:

• Valid email address
• Secure password
• Accurate personal information including name and contact details
• Valid delivery address(es)
• Payment information for order processing

4.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or use
• Ensuring your account information remains current and accurate

4.3 Account Limitations

Each person may maintain only one active account. Multiple accounts created by the same individual may be suspended or terminated without notice.

4.4 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, fraudulent activity, or any other reason at our sole discretion.

5. Products and Services

5.1 Food Products and Descriptions

We strive to provide accurate descriptions, images, and pricing for all food items. However, we cannot guarantee that all information is completely accurate, current, or error-free. Colors, portion sizes, and presentation may vary from images shown.

5.2 Allergen Information and Dietary Restrictions

While we provide allergen information to the best of our ability, we cannot guarantee that our food items are free from allergens due to potential cross-contamination in preparation areas. If you have food allergies or dietary restrictions, please consult with our staff before ordering.

5.3 Pricing and Availability

• All prices are subject to change without notice
• Prices include applicable taxes unless otherwise stated
• Menu items and availability may vary by location and time
• We reserve the right to limit quantities and discontinue items
• Promotional pricing may have restrictions and expiration dates

5.4 Order Acceptance and Processing

All orders are subject to acceptance by Costa Vida. We reserve the right to refuse or cancel any order for any reason, including:

• Product unavailability
• Pricing errors
• Delivery zone restrictions
• Suspected fraudulent activity
• Failure to meet minimum order requirements

5.5 Order Modifications and Cancellations

Order modifications or cancellations may be possible if requested immediately after order placement and before preparation begins. Once food preparation has started, orders cannot be modified or cancelled. Cancellation policies may vary for catering and large orders.

5.6 Delivery Services

• Delivery Zones: Delivery is available only within our designated service areas
• Delivery Times: Estimated delivery times are approximate and may vary due to weather, traffic, order volume, and other factors
• Minimum Orders: Minimum order values may apply for delivery
• Delivery Fees: Delivery charges and service fees apply as displayed during checkout
• Temperature Control: We use appropriate packaging to maintain food temperature, but cannot guarantee temperature upon delivery
• Delivery Instructions: Please provide clear delivery instructions and ensure someone is available to receive the order

5.7 Payment Terms

Payment is required at the time of order placement. We accept major credit cards, debit cards, and other payment methods as displayed on our platform. You authorize us to charge your payment method for all orders placed.

5.8 Returns and Refunds

Due to the nature of food products, returns are generally not accepted. For refund policies regarding food quality issues, incorrect orders, or delivery problems, please refer to our separate Refund Policy.

6. Intellectual Property

6.1 Our Intellectual Property

All Content on our Services, including but not limited to text, graphics, logos, images, audio clips, video, data compilations, page layout, underlying code, and software, is the property of Costa Vida or our licensors and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Trademarks

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

6.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms.

6.4 User Content License

By submitting content to our Services (reviews, photos, comments), 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.

6.5 Copyright Infringement

If you believe your copyright has been infringed, please contact us at [email protected] with details of the alleged infringement.

7. User Content

7.1 Responsibility for Your Content

You are solely responsible for any content you submit, post, or transmit through our Services, including reviews, comments, photos, and feedback.

7.2 Content Guidelines

User content must not:

• Be defamatory, abusive, harassing, or threatening
• Contain inappropriate, offensive, or explicit material
• Violate any laws or regulations
• Infringe on intellectual property rights
• Contain false or misleading information
• Include spam, advertising, or promotional content
• Compromise privacy of others

7.3 Content Removal

We reserve the right to remove, edit, or refuse to post any user content that violates these Terms or is otherwise objectionable in our sole discretion.

7.4 No Endorsement

We do not endorse any user content and are not responsible for the accuracy, usefulness, or intellectual property rights of user-generated content.

8. Disclaimers

8.1 "As Is" Service Provision

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.

8.2 Service Availability

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

8.3 Third-Party Content

We are not responsible for any third-party content, websites, or services linked to or accessible through our Services. Such third-party content is subject to its own terms and conditions.

8.4 Professional Advice

Our Services do not constitute medical, nutritional, or professional advice. Consult with appropriate professionals regarding dietary restrictions, allergies, or health concerns.

9. Limitation of Liability

9.1 Maximum Liability

In no event shall Costa Vida's total liability to you for all damages, losses, and causes of action exceed the total amount paid by you to Costa Vida in the twelve (12) months preceding the claim.

9.2 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, use, goodwill, or other intangible losses.

9.3 Food-Related Claims

While we maintain high food safety standards, we cannot guarantee that food products will be free from contamination or allergens. Your use of our food services is at your own risk.

9.4 Force Majeure

We shall not be liable for any failure to perform due to unforeseen circumstances or causes beyond our control, including but not limited to acts of God, war, terrorism, epidemics, government regulations, disasters, strikes, or other labor disputes.

10. Indemnification

10.1 User Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida, its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your user content
• Your negligent or wrongful conduct

10.2 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 with our defense of such claims.

11. Third-Party Links and Services

11.1 Third-Party Integration

Our Services may contain links to third-party websites, applications, or services, including payment processors, delivery platforms, and social media platforms.

11.2 No Responsibility

We are not responsible for the content, privacy policies, or practices of any third-party services. Your interactions with such services are solely between you and the third party.

11.3 Third-Party Terms

Use of third-party services is subject to their respective terms and conditions. We encourage you to review such terms before engaging with third-party services.

12. Termination

12.1 Termination by Company

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including violation of these Terms.

12.2 Termination by User

You may terminate your account at any time by contacting us at [email protected] or through your account settings.

12.3 Effect of Termination

Upon termination:

• Your right to use our Services will cease immediately
• We may delete your account and all associated data
• Outstanding obligations will survive termination
• Pending orders may be honored at our discretion

12.4 Survival

Provisions regarding intellectual property, user content licenses, disclaimers, limitation of liability, indemnification, and governing law will survive termination.

13. Governing Law and Disputes

13.1 Governing Law

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

13.2 Dispute Resolution

Any disputes arising under these Terms shall be resolved through good faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in accordance with the rules of the relevant arbitration authority in Russia.

13.3 Jurisdiction

You consent to the exclusive jurisdiction of the courts located in Moscow, Russia for any matters not subject to arbitration.

13.4 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitrations.

14. Changes to Terms

14.1 Modification Rights

We reserve the right to modify, update, or revise these Terms at any time in our sole discretion. Changes may be made to reflect legal requirements, business changes, or service improvements.

14.2 Notification of Changes

We will notify you of significant changes by:

• Posting updated Terms on our website
• Sending email notifications to registered users
• Displaying notices on our Services
• Other reasonable communication methods

14.3 Acceptance of Changes

Your continued use of our Services after changes become effective constitutes acceptance of the revised Terms. If you do not agree to changes, you must discontinue use of our Services.

14.4 Review Responsibility

It is your responsibility to regularly review these Terms for updates and changes.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms referenced herein, 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 unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms remain in full force and effect.

15.3 Waiver

No waiver of any term or provision of these Terms shall be deemed a waiver of any other term or provision, nor shall any waiver constitute a continuing waiver.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our written consent. We may assign these Terms without restriction.

15.5 Force Majeure

Neither party shall be liable for any failure to perform due to causes beyond their reasonable control, including natural disasters, government actions, pandemic, or other unforeseeable circumstances.

15.6 Headings

The headings in these Terms are for convenience only and do not affect the meaning or interpretation of any provision.

16. Contact Information