Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at via313.click (the "Site") or any services offered by Via 313 ("Company," "we," "us," or "our"). By accessing or using our Site or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using our Site and services.

1. Acceptance of Terms

By visiting, browsing, ordering from, or otherwise using the Site or any services provided by Via 313, you ("User," "Customer," or "you") enter into a legally binding agreement with Via 313 and agree to comply with and be bound by these Terms of Service, along with any additional guidelines, policies, or rules incorporated herein by reference, including our Privacy Policy.

These Terms apply to all visitors, users, and others who access or use our website, place orders for food or related products, or otherwise interact with our business operations, whether online or in-person. If you are using our Site on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and that the entity agrees to be bound by them.

We reserve the right to update, revise, or modify these Terms at any time without prior notice, except where required by applicable law. Continued use of our Site or services following any such modification constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

These Terms are governed by the laws of the United States and the applicable state laws of the jurisdiction in which Via 313 operates. All users, regardless of geographic location, agree to submit to the jurisdiction specified herein for any disputes arising out of or related to these Terms.

2. Description of Services

Via 313 is a food business that provides customers with food products, menu items, and related culinary services. Our offerings may include, but are not limited to, dine-in services, takeout orders, delivery services, catering, and any other food-related services as updated from time to time and as posted on our Site at via313.click.

The Site serves as an informational and transactional platform where customers may:

• Browse our menu offerings and food products;
• Place orders for food items for pickup, delivery, or catering purposes;
• Review pricing, promotions, and special offers;
• Contact our team for inquiries, feedback, or support;
• Access information about our business hours, locations, and operational details;
• Subscribe to newsletters, promotional emails, or loyalty programs (where applicable).

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any portion of our services or menu offerings at any time, with or without notice, and without liability to you or any third party. Availability of specific food items, promotions, or services may vary by location, season, or other operational factors.

Via 313 makes no guarantee that any specific menu item will be available at all times. Prices, offerings, and availability are subject to change without prior notice. We are not responsible for any inconvenience arising from the unavailability of any particular item or service.

3. Eligibility

By using our Site or services, you represent and warrant that:

• You are at least eighteen (18) years of age, or are accessing the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms;
• You have the legal capacity and authority to enter into a binding agreement;
• You are not barred from receiving services under applicable law in your jurisdiction;
• All information you provide to us is accurate, current, and complete.

We reserve the right to refuse service, cancel orders, or terminate accounts at our sole discretion, including in cases where we believe eligibility requirements have not been met or where misrepresentation has occurred.

4. User Obligations and Prohibited Activities

As a condition of using our Site and services, you agree to use them only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict or inhibit anyone else's use and enjoyment of our Site. You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of our Site and services.

4.1 General User Obligations

You agree to:

• Provide accurate, truthful, and complete information when placing orders or communicating with us;
• Promptly update any information you have provided to us if it changes;
• Pay all charges associated with your orders in full and in a timely manner;
• Use our Site for personal, non-commercial purposes unless expressly authorized by us in writing;
• Maintain the confidentiality of any account credentials and notify us immediately of any unauthorized use of your account.

4.2 Prohibited Activities

You are strictly prohibited from engaging in any of the following activities:

• Using our Site for any unlawful, fraudulent, deceptive, or malicious purpose;
• Attempting to gain unauthorized access to our systems, servers, databases, or networks;
• Introducing viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material to our Site;
• Using automated scripts, bots, spiders, crawlers, or other automated tools to access, scrape, or collect data from our Site without our express written permission;
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of our Site or services for commercial purposes without our express written consent;
• Submitting false, misleading, or fraudulent orders or payment information;
• Posting or transmitting any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable;
• Attempting to impersonate Via 313, our employees, other users, or any other person or entity;
• Violating any applicable federal, state, or local law, including consumer protection laws enforced by the Federal Trade Commission (FTC);
• Engaging in any activity that interferes with or disrupts the operation of our Site or the servers and networks connected to it;
• Collecting or harvesting any personally identifiable information from our Site without authorization;
• Using our Site to send unsolicited communications (spam) of any kind.

Violation of any of the above prohibitions may result in immediate termination of your access to our Site, cancellation of orders, and may expose you to civil and/or criminal liability under applicable law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the CAN-SPAM Act.

5. Orders, Payments, and Pricing

5.1 Placing Orders

When you place an order through our Site or through any third-party platform authorized by Via 313, you are making an offer to purchase the selected food items at the listed price. All orders are subject to acceptance by Via 313, and we reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product availability, pricing errors, or suspected fraudulent activity.

An order confirmation sent to your provided email address or phone number does not constitute our acceptance of your order; rather, it acknowledges that we have received your order. Acceptance of your order occurs when we begin preparing or dispatching your order.

5.2 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are subject to applicable sales taxes as required by federal, state, and local law. Prices are subject to change at any time without prior notice. We make every effort to ensure that prices displayed are accurate; however, in the event of a pricing error, we reserve the right to cancel the order and notify you accordingly.

5.3 Payment Terms

Payment is due at the time of order placement unless otherwise specified. We accept payment methods as listed on our Site, which may include major credit and debit cards, digital payment platforms, and other payment options as updated from time to time. By providing payment information, you represent and warrant that you are authorized to use the payment method provided and that the information is accurate and complete.

We reserve the right to verify your identity or payment information before processing any order. Fraudulent payment activities may be reported to appropriate law enforcement authorities.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. Refunds or replacements may be issued at our sole discretion in cases where an order is incorrect, missing items, or fails to meet our quality standards. Requests for refunds or cancellations must be submitted promptly after receipt of the order and directed to [email protected]. We are not obligated to issue refunds for change-of-mind cancellations once an order has been prepared or dispatched.

6. Intellectual Property Rights

All content on our Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video, digital downloads, data compilations, software, and the overall design and arrangement of the Site (collectively, the "Content"), is the exclusive property of Via 313 or its respective licensors and is protected under United States copyright, trademark, trade dress, and other applicable intellectual property laws.

The Via 313 name, logo, branding elements, and any other trademarks, service marks, or trade names used on our Site are the property of Via 313 or their respective owners. Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of Via 313 or such third party that may own the trademark.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use only. You may not:

• Reproduce, modify, distribute, publicly display, or create derivative works from our Content without express written permission;
• Remove or alter any copyright, trademark, or proprietary notices from any portion of our Content;
• Use our Content for any commercial purpose or public display without our express written consent;
• Frame or mirror any part of our Site on any other website without prior written authorization.

Any unauthorized use of our Content may constitute a violation of copyright law, trademark law, and other applicable laws and regulations and may result in civil and/or criminal penalties. Via 313 aggressively enforces its intellectual property rights to the fullest extent permitted by law.

7. Food Safety, Allergen, and Dietary Disclaimers

Via 313 takes food safety and quality seriously and strives to provide accurate information about ingredients and potential allergens in our food products. However, we cannot guarantee that any of our food items are free from allergens, including but not limited to nuts, dairy, gluten, eggs, soy, shellfish, or other common allergens, due to the shared use of cooking equipment and preparation surfaces in our kitchen environments.

It is the sole responsibility of the customer to review ingredient and allergen information prior to ordering and to communicate any dietary restrictions, allergies, or special requirements to our staff. Via 313 shall not be liable for any adverse reactions, injuries, or health issues resulting from the consumption of our food products, including those arising from allergen exposure or dietary incompatibility.

Nutritional information provided on our Site, if any, is approximate and may vary based on preparation methods, portion sizes, and ingredient substitutions. Such information is provided for general guidance only and should not be relied upon for medical or dietary decision-making.

8. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or platforms, including delivery partners, payment processors, and social media platforms. These links are provided for your convenience only. Via 313 has no control over the content, privacy practices, or policies of any third-party websites and accepts no responsibility or liability for them or for any loss or damage that may arise from your use of them.

Inclusion of any third-party link does not imply endorsement, approval, or sponsorship of the linked site or its content. You access any third-party websites at your own risk and should review the applicable terms and privacy policies of any third-party site before using it.

9. Disclaimers — As-Is Basis

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

VIA 313 MAKES NO WARRANTY THAT:

• THE SITE WILL FUNCTION WITHOUT INTERRUPTION, ERROR, OR DEFECT;
• THE RESULTS OBTAINED FROM USING THE SITE WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS;
• THE QUALITY OF ANY FOOD PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED IN A TIMELY MANNER.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, any warranties will be limited to the minimum extent required by applicable law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIA 313, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH:

• YOUR USE OF, OR INABILITY TO USE, OUR SITE OR SERVICES;
• ANY FOOD PRODUCTS ORDERED THROUGH OUR SITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
• ANY THIRD-PARTY CONTENT OR CONDUCT ON OUR SITE;
• ANY OTHER MATTER RELATED TO OUR SITE OR SERVICES,

EVEN IF VIA 313 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

IN ANY EVENT, VIA 313'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO VIA 313 IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

11. Indemnification

You agree to defend, indemnify, and hold harmless Via 313 and its owners, officers, directors, employees, agents, contractors, 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 our Site or services;
• Your violation of any applicable law or regulation;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or consumer protection rights;
• Any content you submit, post, or transmit through our Site;
• Any fraudulent, negligent, or willful misconduct on your part.

Via 313 reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of any such claims and not to settle any such matter without our prior written consent.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Via 313 maintains its principal place of business, without regard to its conflict of law principles.

Any legal action, claim, or proceeding arising out of or relating to these Terms or your use of our Site or services shall be subject to the exclusive jurisdiction of the federal and state courts located within the applicable United States jurisdiction. You hereby consent to personal jurisdiction and venue in such courts and waive any objection to such jurisdiction or venue.

These Terms and all related matters are subject to compliance with applicable federal law, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), which governs unfair or deceptive acts or practices in commerce. Users located in California may also have rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), as further described in our Privacy Policy.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Via 313 at [email protected] and provide a written description of your dispute, the relief sought, and your contact information. Via 313 will use reasonable efforts to resolve the dispute informally within thirty (30) days of receipt of the written notice. Both parties agree to negotiate in good faith during this period.

13.2 Binding Arbitration

If the dispute cannot be resolved through informal negotiation within the thirty (30) day period, both parties agree that the dispute shall be submitted to final and binding arbitration administered by a recognized arbitration organization, such as the American Arbitration Association (AAA), in accordance with its applicable rules and procedures. The arbitration shall take place in the jurisdiction of Via 313's principal place of business, and the arbitrator's decision shall be final and binding on both parties.

The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including injunctive relief, specific performance, damages, and attorneys' fees where authorized by law. The parties agree that the arbitration shall be conducted on an individual basis only and not as a class, collective, or representative action.

13.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST VIA 313. All disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of any arbitration proceeding. Nothing in this section shall limit Via 313's right to seek equitable relief to protect its intellectual property rights or proprietary information.

14. Term and Termination

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

• Suspend or terminate your access to our Site and services at any time, for any reason, with or without notice;
• Cancel any pending or in-progress orders in the event of termination;
• Take any other action deemed necessary to enforce these Terms or protect the interests of Via 313 and other users.

Upon termination, your right to access and use our Site and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall do so, including without limitation, intellectual property provisions, disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

You may discontinue your use of our Site and services at any time. Discontinuation of use does not relieve you of any obligations or liabilities incurred prior to such discontinuation.

15. Privacy and Data Protection

Your use of our Site and 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 disclose your personal information in connection with your use of our Site. By using our Site, you consent to the collection and use of your information as described in our Privacy Policy.

We are committed to protecting the privacy and security of your personal information in accordance with applicable law, including the California Consumer Privacy Act (CCPA/CPRA) for California residents and other applicable state and federal privacy laws. Please review our Privacy Policy for detailed information regarding your privacy rights and our data practices.

16. Changes to Terms

Via 313 reserves the right to revise, update, modify, or replace any part of these Terms of Service at any time, at its sole discretion. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by providing additional notice such as an email notification or a prominent notice on our Site.

It is your responsibility to review these Terms periodically for any changes. Your continued use of our Site or services following the posting of revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately discontinue your use of our Site and services.

We will not make retroactive changes to these Terms that would materially and adversely affect your existing rights without providing reasonable notice and, where required, obtaining your consent.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the rest of these Terms shall continue in full force and effect.

The failure of Via 313 to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. A waiver of any breach of these Terms by Via 313 shall not constitute a waiver of any subsequent breach.

18. Entire Agreement

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

No modification to these Terms shall be effective unless made in writing and signed by an authorized representative of Via 313, except as otherwise provided in the "Changes to Terms" section above.

19. Force Majeure

Via 313 shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, governmental actions, labor disputes, power outages, internet service disruptions, or any other event beyond the reasonable control of Via 313 ("Force Majeure Event").

In the event of a Force Majeure Event, Via 313 will use commercially reasonable efforts to resume normal operations as promptly as practicable. Via 313 will not be required to compensate you for any loss or inconvenience resulting from a Force Majeure Event.

20. Electronic Communications

By using our Site or providing your email address, you consent to receive electronic communications from Via 313, including but not limited to order confirmations, receipts, service announcements, and promotional materials. You agree that any notice, agreement, or other communication sent to you electronically by Via 313 satisfies 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 directly at [email protected]. Please note that even after opting out of promotional communications, you may still receive transactional or administrative communications from us related to your orders and account.

21. Accessibility

Via 313 is committed to ensuring that our Site is accessible to individuals with disabilities to the extent reasonably practicable. We strive to comply with applicable accessibility standards, including the Americans with Disabilities Act (ADA). If you experience any accessibility barriers on our Site, please contact us at [email protected] so that we may address the issue and provide you with the information or services you need.

22. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact Via 313 for any reason, please reach out to us using the following contact details:

We will make every effort to respond to your inquiries within a reasonable timeframe, typically within three (3) to five (5) business days. For urgent matters related to food safety, health concerns, or order issues, please contact us immediately via email at [email protected].

These Terms of Service were last updated on March 28, 2026. All previous versions of these Terms are superseded by this document.