Terms of Service

Effective Date: May 28, 2026  |  Last Updated: May 28, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Via 313 ("Company," "we," "us," or "our"), governing your access to and use of the website cafe-via313.click (the "Site") and all related food and beverage services, online ordering platforms, reservation systems, and any other services offered by Via 313 (collectively, the "Services").

By visiting our Site, placing an order, making a reservation, subscribing to communications, or otherwise engaging with our Services, you affirm that:

• You are at least 18 years of age, or if you are a minor, you have obtained verifiable consent from a parent or legal guardian;
• You have the legal authority to enter into this binding agreement;
• You will comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services;
• All information you provide to us is accurate, current, and complete.

If you are using our Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both the individual user and such entity.

2. About Via 313 and Description of Services

Via 313 is a food and beverage establishment operating in the United States. We are committed to providing high-quality culinary experiences, whether through dine-in, takeout, delivery, catering, or other food service formats. Our Services include but are not limited to:

2.1 Online Ordering

Through our Site, customers may browse our menu, place food and beverage orders for pickup or delivery, customize their orders, and make payments online. Order availability, pricing, and menu items are subject to change at any time without prior notice.

2.2 Reservations and Bookings

Customers may use our Site or third-party platforms integrated with our Site to book dining reservations, private event spaces, or catering services. All reservations are subject to availability and our reservation policies outlined in Section 5.

2.3 Catering Services

Via 313 may offer catering services for private events, corporate functions, and other gatherings. Catering engagements are subject to separate written agreements and may include additional terms and conditions.

2.4 Digital Content and Communications

We may provide newsletters, promotional materials, loyalty program information, and other digital content through our Site, email, or SMS. By subscribing to such communications, you agree to receive them in accordance with our Privacy Policy.

2.5 Loyalty and Rewards Programs

From time to time, Via 313 may offer loyalty or rewards programs. Participation in such programs is voluntary and subject to separate terms that will be made available at the time of enrollment. Points, rewards, and benefits are non-transferable and have no cash value unless expressly stated otherwise.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, and we shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a user of our Services, you agree to:

• Provide accurate, truthful, and complete information when creating an account, placing an order, or making a reservation;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access or security breach;
• Use the Services only for lawful purposes and in a manner that does not infringe upon the rights of others;
• Comply with all applicable federal, state, and local laws, including but not limited to the Federal Trade Commission Act (FTC Act), applicable state consumer protection laws, and food safety regulations;
• Promptly update your information to ensure it remains accurate and current.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Unauthorized Access: Attempting to gain unauthorized access to any portion of our Site, servers, databases, or related systems through hacking, password mining, or any other means;
• Fraudulent Orders: Placing fraudulent, false, or deceptive orders, including providing false payment information or identity;
• Automated Scraping: Using bots, scrapers, crawlers, or other automated means to access, collect, or harvest data from our Site without prior written permission;
• Interference: Uploading or transmitting viruses, malware, or any other malicious code that interferes with the operation of our Site or Services;
• Impersonation: Impersonating any person or entity, including Via 313 employees, representatives, or other users;
• Harassment: Engaging in any conduct that harasses, intimidates, threatens, or abuses any person in connection with our Services;
• Spam: Sending unsolicited commercial communications or promotional materials to other users or to Via 313;
• Reverse Engineering: Attempting to decompile, reverse engineer, disassemble, or otherwise derive source code from any software associated with our Site;
• False Reviews: Submitting false, misleading, or fabricated reviews, ratings, or feedback about Via 313's products or services;
• Circumvention: Using our Services in any manner intended to circumvent applicable laws, regulations, or these Terms;
• Resale: Reselling, sublicensing, or commercially exploiting any portion of our Services without express written consent from Via 313.

Violation of any prohibited activities may result in immediate termination of your account and access to our Services, and may subject you to civil and/or criminal liability.

4. Intellectual Property Rights

4.1 Ownership

All content, materials, and elements available on or through our Site and Services — including but not limited to text, graphics, logos, photographs, images, menu designs, video content, audio clips, data compilations, software, and the overall "look and feel" of the Site — are the exclusive intellectual property of Via 313 or its licensors and are protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and trademark laws under the Lanham Act (15 U.S.C. § 1051 et seq.).

4.2 Limited License

Subject to your compliance with these Terms, Via 313 grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Site and Services solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, or publicly display any content from our Site;
• Modify or create derivative works based upon our content;
• Use data mining, robots, or similar data gathering or extraction tools;
• Use our trademarks, trade names, logos, or other proprietary marks without prior written permission.

4.3 User-Submitted Content

If you submit, post, or transmit any content to Via 313 (including reviews, photographs, comments, or feedback), you grant Via 313 a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, and distribute such content in any medium and for any purpose. You represent that you own or have the right to grant this license and that such content does not infringe any third-party rights.

4.4 Feedback

Any feedback, suggestions, or recommendations you provide regarding our Services shall be considered non-confidential, and Via 313 shall be free to use such information without restriction and without compensation to you.

5. Payment Terms and Ordering Policies

5.1 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, gratuities, delivery fees, or service charges unless expressly stated. Via 313 reserves the right to correct pricing errors at any time, and in such cases, you will be notified and given the option to proceed with the corrected price or cancel your order.

5.2 Payment Processing

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. By providing payment information, you represent and warrant that: (a) you are authorized to use the payment method; (b) the payment information is accurate; and (c) you authorize Via 313 to charge the applicable fees. All payment transactions are processed through secure third-party payment processors. Via 313 does not store complete payment card data on its servers.

5.3 Order Confirmation and Cancellation

An order confirmation does not constitute acceptance of your order. Via 313 reserves the right to cancel or refuse any order for reasons including but not limited to product unavailability, suspected fraud, errors in pricing or product description, or operational constraints. If your order is cancelled, you will receive a full refund within a commercially reasonable time.

5.4 Refunds and Returns

Due to the perishable nature of food products, all sales are generally final. If you are dissatisfied with your order due to an error on our part, please contact us within 24 hours of receiving your order at [email protected]. We will evaluate refund or replacement requests on a case-by-case basis at our sole discretion. Refunds, if approved, will be processed to the original payment method.

5.5 Taxes

You are responsible for all applicable sales taxes, use taxes, or other governmental charges associated with your purchases. Via 313 will collect and remit taxes as required by applicable federal, state, and local laws.

6. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIA 313 PROVIDES ITS SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

VIA 313 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, INFORMATION, OR MATERIALS ON THE SITE;
• WARRANTIES RELATED TO ALLERGEN INFORMATION, NUTRITIONAL DATA, OR INGREDIENT DESCRIPTIONS, WHICH ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY.

Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIA 313, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR SITE OR SERVICES;
• DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES RESULTING FROM CONDUCT OF ANY THIRD PARTY ON OUR SITE.

IN ALL CASES, VIA 313'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OF ACTION SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO VIA 313 IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF VIA 313 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the limitation of liability for consequential or incidental damages, so the above limitations may not apply to residents of such states.

8. Indemnification

You agree to defend, indemnify, and hold harmless Via 313, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Site or Services;
• Your violation of any applicable law, regulation, or third-party right, including but not limited to intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through our Services;
• Your negligence or willful misconduct;
• Any dispute between you and another user or third party.

Via 313 reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Via 313 in asserting any available defenses.

9. Governing Law and Jurisdiction

These Terms of Service and all matters arising out of or relating to them shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Via 313 is primarily registered and operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our Services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the state where Via 313 maintains its principal place of business. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction and venue.

To the extent applicable, these Terms are subject to and shall be interpreted in compliance with:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.);
• The Electronic Communications Privacy Act;
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030);
• Applicable state consumer protection statutes;
• The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), to the extent applicable to California residents;
• All applicable local, state, and federal food safety and health regulations.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services by contacting Via 313 directly at [email protected]. We will make good-faith efforts to resolve the matter informally within thirty (30) days of receiving your written notice describing the nature of the dispute and the relief sought.

10.2 Binding Arbitration

If informal resolution fails, you and Via 313 agree that any unresolved dispute, claim, or controversy arising out of or relating to these Terms, including questions about their existence, validity, or termination, shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English and shall take place in the county where Via 313 is located, unless otherwise agreed by the parties.

The arbitrator shall have the authority to award any remedy available in an individual lawsuit, but shall not have authority to award relief to, or against, any person who is not a party to the arbitration. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND VIA 313 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Via 313 agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

10.4 Exceptions

Notwithstanding the arbitration agreement, either party may seek emergency equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration, and either party may bring claims in small claims court if the claims qualify under applicable small claims court rules.

10.5 Opt-Out Right

You have the right to opt out of the binding arbitration and class action waiver provisions within thirty (30) days of first accepting these Terms by sending written notice to [email protected] with the subject line "Arbitration Opt-Out." Opting out will not affect any other aspect of these Terms.

11. Third-Party Links and Services

Our Site may contain links to third-party websites, platforms, delivery services, payment processors, or social media channels that are not owned or controlled by Via 313. These links are provided for your convenience only. Via 313 has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party services you access through our Site. The inclusion of any link does not imply endorsement by Via 313.

12. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share your personal information. To the extent Via 313 serves customers who are California residents, we comply with the requirements of the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including honoring rights to know, delete, correct, and opt out of the sale or sharing of personal information. Please review our Privacy Policy available on our Site for complete details.

13. Term and Termination

13.1 Term

These Terms shall remain in full force and effect for as long as you access or use our Site or Services. Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution.

13.2 Termination by Via 313

Via 313 reserves the right, in its sole discretion, to suspend or terminate your access to the Site and Services, with or without notice and without liability to you, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Engaging in fraudulent, abusive, or illegal conduct;
• Failure to pay for services or products ordered;
• Actions that may harm Via 313, its employees, customers, or reputation;
• Operational or business reasons at Via 313's sole discretion.

13.3 Termination by You

You may terminate your use of our Services at any time by discontinuing use of our Site and, if applicable, by deleting your account or requesting account deletion by contacting us at [email protected].

13.4 Effect of Termination

Upon termination, all rights and licenses granted to you under these Terms shall immediately cease. Termination does not relieve you of any obligations incurred prior to termination, including outstanding payment obligations.

14. Changes to Terms of Service

Via 313 reserves the right to modify, update, or replace these Terms of Service at any time at its sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and may notify you through the Site, by email, or through other communication channels.

Your continued use of the Site or Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of our Services. We encourage you to review these Terms periodically to stay informed of any updates.

15. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect. The parties agree that any invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the intent and economic effect of the original provision.

16. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and Via 313 with respect to your use of the Site and Services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral or written, between you and Via 313 relating to the subject matter hereof.

The failure of Via 313 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any provision of these Terms shall be effective unless it is in writing and signed by an authorized representative of Via 313. A waiver of any provision on one occasion shall not be deemed a waiver of such provision on any other occasion.

17. Force Majeure

Via 313 shall not be held liable for any failure or delay in performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, government orders, civil unrest, labor disputes, supply chain disruptions, power outages, internet failures, or any other events beyond Via 313's reasonable control. In such events, Via 313 will make reasonable efforts to notify you and resume normal operations as soon as practicable.

18. Children's Use

Our Services are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13 years of age. If you are a parent or guardian and believe that your child under the age of 13 has provided personal information to us, please contact us immediately at [email protected], and we will take steps to delete such information from our records. Use of our online ordering and reservation services requires users to be at least 18 years of age or have parental consent.

19. Accessibility

Via 313 is committed to making its website accessible to all users, including those with disabilities, in compliance with applicable accessibility standards and the Americans with Disabilities Act (ADA). If you experience accessibility barriers on our Site, please contact us at [email protected] so we may assist you and work to improve our accessibility.

20. Electronic Communications

By using our Site or Services, you consent to receive electronic communications from Via 313, including notices, disclosures, agreements, and other communications via email or through our Site. You agree that all electronic communications satisfy any legal requirement that such communications be in writing. You may withdraw consent to receive electronic communications by contacting us, but doing so may affect your ability to use certain features of our Services.

21. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, wish to report a violation, or need to contact Via 313 for any other reason, please reach out to us using the following contact information:

We will make reasonable efforts to respond to all inquiries within five (5) business days. For urgent matters related to food safety or allergic reactions, please contact us immediately by email at [email protected].