Terms of Service

Effective Date: May 21, 2026  |  Last Updated: May 21, 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 located at food-via313.click (the "Website") and all related services, content, features, and functionality offered by Via 313 (collectively, the "Services").

By visiting our Website, placing an order, creating an account, submitting any information, or otherwise engaging with our Services in any manner, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. Your continued use of the Website after any modifications to these Terms constitutes your acceptance of such changes.

These Terms apply to all visitors, users, customers, and any other persons who access or use our Services. 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 in such case, "you" and "your" shall refer to that entity.

You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old, or that you are the legal age of majority in your jurisdiction. If you are under 18, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Via 313 operates as a food service business providing customers with the ability to browse our menu offerings, place food orders, and receive food products through various fulfillment methods, including but not limited to dine-in, takeout, delivery, and catering services, as made available through our Website at food-via313.click.

Our Services include, but are not limited to, the following:

• Online Ordering Platform: Our Website provides an online platform through which customers may browse our menu, customize orders, and submit food orders for preparation and fulfillment.
• Delivery Services: Depending on your location and availability, we may offer delivery services, either directly through Via 313 or through third-party delivery partners. Delivery availability, fees, estimated times, and geographic zones are subject to change without notice.
• Takeout and Pickup Services: Customers may place orders online for in-store or curbside pickup at designated times and locations.
• Catering Services: Via 313 may offer catering services for events and gatherings. Catering orders are subject to additional terms, minimum order requirements, lead times, and pricing structures that will be communicated at the time of order.
• Promotional Content: Our Website may contain information about special offers, promotions, discounts, and loyalty programs, which are subject to their own specific terms and conditions.
• Customer Account Services: Users may have the option to create an account on our Website to manage orders, save preferences, and access order history.

Via 313 reserves the right to modify, suspend, discontinue, or add new features or services at any time, with or without notice and without liability to you. We do not guarantee that the Website or any particular feature will remain available at all times.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a user of our Website and Services, you agree to use them only for lawful purposes and in compliance with these Terms. You are responsible for ensuring that all information you provide to Via 313 is accurate, current, and complete. You further agree to maintain the confidentiality of any account credentials and to notify us immediately of any unauthorized use of your account.

3.2 Prohibited Activities

You agree that you will not, under any circumstances, engage in any of the following activities while using our Website or Services:

• Use the Website for any unlawful purpose or in violation of any applicable federal, state, or local laws or regulations in the United States;
• Submit false, misleading, or fraudulent information when placing orders or creating an account;
• Impersonate any person or entity, or falsely claim an affiliation with any person or entity;
• Engage in any activity that interferes with, disrupts, or places an unreasonable burden on the Website's infrastructure or servers;
• Attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website;
• Use automated tools, bots, scrapers, or any other means to extract data from the Website without our express written consent;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Website or any portion thereof;
• Post, transmit, or otherwise make available any content that is defamatory, obscene, abusive, threatening, harassing, or otherwise objectionable;
• Introduce any viruses, malware, or other harmful code to the Website;
• Use our Services for the purpose of collecting information about other users without their consent;
• Engage in any form of fraudulent chargebacks or payment disputes without legitimate basis;
• Violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights;
• Use our Services to send unsolicited commercial communications (spam);
• Engage in price manipulation, coupon fraud, or abuse of any promotional offer.

Violation of any of these prohibited activities may result in the immediate suspension or termination of your access to our Services, and may subject you to civil or criminal liability under applicable law.

4. Intellectual Property Rights

All content, materials, and elements available on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, software, and the overall design and arrangement of such content ("Intellectual Property"), are the exclusive property of Via 313 or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

The Via 313 name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Via 313. You may not use any of our trademarks without our prior written permission. All other trademarks appearing on the Website are the property of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any content on the Website;
• Use the Website or its content for commercial purposes without our express written consent;
• Remove or alter any proprietary notices or labels on the Website.

Any unauthorized use of our Intellectual Property may constitute a violation of applicable copyright laws, trademark laws, and other applicable statutes, and may result in legal action. If you believe that any content on our Website infringes your intellectual property rights, please contact us at [email protected].

5. Ordering, Pricing, and Payment Terms

5.1 Orders and Order Confirmation

When you place an order through our Website, you are making an offer to purchase the selected food items subject to these Terms. Via 313 reserves the right to accept or decline any order at its sole discretion. An order confirmation sent to your email address does not constitute final acceptance; Via 313 reserves the right to cancel an order if an item becomes unavailable, if there is a pricing error, or for any other legitimate operational reason.

5.2 Pricing

All prices listed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices displayed at the time of order placement shall govern the transaction, except in the case of a pricing error, in which case we reserve the right to cancel the order or contact you to confirm the correct price. Applicable sales taxes will be calculated and added to your order total at checkout, in accordance with applicable federal, state, and local tax laws.

5.3 Payment Methods

We accept various payment methods as displayed on our Website at the time of checkout, including major credit cards, debit cards, and other electronic payment methods. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that such information is accurate and complete. You authorize Via 313 to charge your designated payment method for the total amount of your order, including applicable taxes and fees.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you have a concern about your order — including issues with incorrect items, missing items, or quality concerns — please contact us within a reasonable timeframe after receiving your order at [email protected]. We will evaluate each complaint on a case-by-case basis and may, at our sole discretion, offer a refund, credit, or replacement. Chargebacks initiated without first contacting Via 313 may result in the suspension of your account.

5.5 Delivery Fees and Minimums

Delivery orders may be subject to delivery fees, service fees, and minimum order requirements, all of which will be clearly disclosed before you complete your order. These fees are subject to change. Via 313 is not responsible for delays caused by third-party delivery carriers or factors beyond our reasonable control.

6. Food Allergen and Dietary Information

Via 313 makes reasonable efforts to provide accurate information about the ingredients in our food products. However, our food is prepared in facilities that may handle common allergens, including but not limited to nuts, dairy, gluten, eggs, soy, shellfish, and fish. We cannot guarantee that any of our food products are completely free from allergens. It is your responsibility to review ingredient information and consult with our staff if you have any food allergies or dietary restrictions. Via 313 shall not be liable for any allergic reactions or adverse health effects resulting from consumption of our food products.

7. Third-Party Services and Links

Our Website may contain links to third-party websites, services, or platforms, including but not limited to third-party delivery platforms, payment processors, and social media channels. These third-party services are not owned or controlled by Via 313, and we are not responsible for the content, privacy practices, terms of service, or any other aspect of such third-party services. Inclusion of any link on our Website does not constitute an endorsement by Via 313. We encourage you to review the terms and privacy policies of any third-party services you access.

When you use third-party delivery platforms to order from Via 313, your use of those platforms is subject to the third party's own terms of service, and Via 313 disclaims all liability arising from your interaction with such platforms.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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 WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.

Via 313 does not warrant or make any representations regarding the use or the results of the use of the Website or Services in terms of their accuracy, reliability, or otherwise. You assume the entire risk as to the quality and performance of the Website and Services.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, Via 313's warranties are limited to the maximum extent permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND ALL OTHER APPLICABLE FEDERAL AND STATE CONSUMER PROTECTION LAWS, IN NO EVENT SHALL VIA 313, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANTICIPATED SAVINGS;
• LOSS OF BUSINESS OR BUSINESS INTERRUPTION;
• PERSONAL INJURY OR PROPERTY DAMAGE NOT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
• ANY DAMAGES ARISING FROM YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE.

IN ANY CASE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO VIA 313 IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations set forth in this Section 9 shall apply even if Via 313 has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

10. Indemnification

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

• Your violation of these Terms or any applicable law or regulation;
• Your use of the Website or Services;
• Your User Content or any content you submit, post, or transmit through the Website;
• Your violation of any third party's rights, including intellectual property, privacy, or publicity rights;
• Any misrepresentation made by you to Via 313 or any third party;
• Any dispute between you and another user of our Services or a third party.

Via 313 reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with us in asserting any available defenses. You shall not settle any claim without our prior written consent.

11. Privacy Policy

Your privacy is important to us. Our Privacy Policy, available on our Website, describes how we collect, use, disclose, and protect your personal information when you use our Services. By using our Services, you agree to the collection and use of your information as described in our Privacy Policy. To the extent that our operations involve users located in California, we comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and applicable provisions of the Federal Trade Commission Act (FTC Act) governing unfair or deceptive practices.

12. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to these Terms, the Website, or the Services shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to conflicts of law principles that would require the application of the laws of another jurisdiction.

Any legal action, claim, or proceeding arising out of or relating to these Terms or the Services that is not subject to binding arbitration as described in Section 13 shall be brought exclusively in the state or federal courts of competent jurisdiction in the United States. You hereby consent and submit to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

Via 313 makes no representation that the Website or Services are appropriate for use in all locations. Users who access the Website from outside the United States do so at their own initiative and are responsible for compliance with local laws to the extent applicable.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute informally by contacting Via 313 at [email protected] and providing a written description of the dispute, the relief you are seeking, and your contact information. Via 313 will attempt to resolve the dispute within thirty (30) days of receipt of your written notice. If the dispute cannot be resolved informally within that period, either party may proceed to binding arbitration as described below.

13.2 Binding Arbitration

EXCEPT AS SET FORTH BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICES, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), AS AMENDED. The arbitration shall be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND VIA 313 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. 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.

13.4 Exceptions to Arbitration

Nothing in this Section shall preclude either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the completion of arbitration. Additionally, claims for small claims court matters may be brought in small claims court rather than arbitration.

14. Electronic Communications

By using our Website or Services, you consent to receiving electronic communications from Via 313, including but not limited to order confirmations, promotional emails, and notices regarding changes to these Terms or our policies. These electronic communications satisfy any legal requirement that such communications be in writing. You may opt out of receiving promotional communications at any time by following the unsubscribe instructions included in any such communication or by contacting us at [email protected]. Please note that opting out of promotional communications will not affect your receipt of transactional communications related to your orders or account.

15. User Accounts

If our Website allows you to create an account, you are responsible for maintaining the confidentiality of your account username and password and for all activities that occur under your account. You agree to immediately notify Via 313 of any unauthorized use of your account or any other breach of security. Via 313 will not be liable for any loss or damage arising from your failure to comply with this Section. Via 313 reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including if we reasonably believe that you have violated these Terms.

16. Term and Termination

These Terms shall remain in full force and effect for as long as you continue to access or use our Website or Services. Via 313 reserves the right, in its sole discretion, to:

• Suspend or terminate your access to the Website or Services at any time, with or without notice, and for any reason, including your violation of these Terms;
• Modify, suspend, or discontinue the Website or any portion thereof, with or without notice;
• Refuse service to any person or entity for any lawful reason.

Upon termination, all licenses granted to you under these Terms shall immediately terminate. The following Sections shall survive the termination of these Terms: Sections 4 (Intellectual Property Rights), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Governing Law), 13 (Dispute Resolution), 18 (Severability), and any other provisions that by their nature should survive termination.

You may discontinue your use of our Services at any time. If you have created an account, you may request the deletion of your account by contacting us at [email protected].

17. Changes to Terms

Via 313 reserves the right to revise and update these Terms at any time at our sole discretion. All changes are effective immediately upon posting to the Website. We will endeavor to provide reasonable notice of material changes to these Terms, such as by posting a prominent notice on our Website or by sending an email notification to registered users. However, your continued use of the Website or Services following the posting of revised Terms constitutes your acceptance of such changes.

We encourage you to review these Terms periodically to stay informed of any updates. The "Last Updated" date at the top of this page indicates when these Terms were most recently revised. If you do not agree to the revised Terms, you must stop using our Website and Services.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator, such finding shall not affect the enforceability of the remaining provisions of these Terms. The remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

19. Waiver

No failure or delay by Via 313 in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver of any breach or default under these Terms shall not be deemed a waiver of any subsequent breach or default of the same or any other provision.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or agreements posted on our Website, constitute the entire agreement between you and Via 313 with respect to your use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. No modification of these Terms shall be valid or binding unless made in writing and duly executed by an authorized representative of Via 313.

21. Force Majeure

Via 313 shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, public health emergency, war, terrorism, civil unrest, labor disputes, government actions or restrictions, power outages, internet service disruptions, supply chain disruptions, or any other event beyond our reasonable control. In the event of a force majeure event, Via 313 shall be excused from performance for the duration of the event and for a reasonable period thereafter.

22. Accessibility

Via 313 is committed to ensuring that our Website is accessible to persons with disabilities in accordance with applicable law, including the Americans with Disabilities Act (ADA). If you experience any difficulty accessing our Website or Services due to a disability, please contact us at [email protected], and we will make reasonable efforts to assist you and address accessibility barriers.

23. Children's Privacy

Our Website and Services are not directed to, and we do not knowingly collect personal information from, children under the age of 13. If we become aware that we have inadvertently collected personal information from a child under 13 without verifiable parental consent, we will take steps to delete such information from our records in accordance with the Children's Online Privacy Protection Act (COPPA). If you believe we have collected information from a child under 13, please contact us immediately at [email protected].

24. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service or our Services, please do not hesitate to contact us using the information provided below. We are committed to addressing your inquiries in a timely and professional manner.