Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at cabanataco-food.click (the "Website") or any services offered by Cabana Taco ("Company," "we," "us," or "our"). By accessing or using our Website and 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 discontinue use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Cabana Taco website at cabanataco-food.click, placing an order, or engaging with any of our services, you ("User," "Customer," or "you") enter into a legally binding agreement with Cabana Taco. This Agreement is enforceable under the laws of the United States and the applicable state laws governing our business operations.

These Terms apply to all visitors, users, customers, and others who access or use our Website and/or services. Your continued use of the Website following any modifications to these Terms constitutes your acceptance of such modifications. If you are accessing our services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You must be at least 18 years of age to use our services independently. If you are under 18, you may only use our services under the supervision of a parent or legal guardian who agrees to these Terms on your behalf. By using our services, you represent and warrant that you meet the applicable age requirements.

2. Description of Services

Cabana Taco is a food service business that provides customers with a variety of Mexican-inspired food items, including but not limited to tacos, burritos, nachos, quesadillas, beverages, and related food products (collectively, "Food Products"). Our services include, but are not limited to:

• Online Ordering: Customers may browse our menu and place orders for pick-up or delivery through our Website.
• Menu Browsing: Users may access and review our current menu offerings, pricing, and nutritional information (where available) through the Website.
• Promotions and Special Offers: We may, from time to time, offer discounts, promotions, loyalty programs, or other special offers accessible through the Website.
• Customer Communications: Users may contact us through the Website for inquiries, feedback, and customer support related to our food products and services.
• Catering Services: Where available, we may offer catering services for events and gatherings, subject to availability and additional terms.

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

All Food Products offered are subject to availability. Menu items, pricing, and availability may vary and are subject to change without prior notice. We make reasonable efforts to ensure that the information displayed on our Website is accurate and up-to-date; however, we do not guarantee the accuracy, completeness, or currentness of any information provided.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Website and services, you agree to:

• Provide accurate, current, and complete information when placing orders or creating an account, including your name, contact information, delivery address, and payment details.
• Maintain the confidentiality of any account credentials, passwords, or personal identification information associated with your use of our services.
• Promptly notify Cabana Taco of any unauthorized use of your account or any other breach of security.
• Use the Website and services only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations.
• Comply with all applicable food safety guidelines and allergen disclosures provided by Cabana Taco.
• Ensure that any delivery address provided is accurate and accessible, and that someone of legal age is present to receive any delivery.
• Pay for all orders placed through our Website in full, including applicable taxes, delivery fees, and any other charges disclosed at the time of purchase.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities while using our Website or services:

• Fraudulent Activity: Using false, misleading, or fraudulent information when placing orders, creating accounts, or communicating with Cabana Taco.
• Unauthorized Access: Attempting to gain unauthorized access to our Website, servers, databases, or any related systems or networks.
• Data Scraping: Using automated tools, bots, scrapers, or other similar technologies to extract data from our Website without our express written consent.
• Malicious Software: Uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful code that may disrupt or damage our Website or services.
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works based on our Website content, trademarks, logos, or other proprietary materials without our prior written permission.
• Harassment and Abuse: Engaging in abusive, threatening, harassing, defamatory, or otherwise inappropriate conduct toward Cabana Taco staff, employees, or other users.
• Misuse of Promotions: Exploiting promotional offers, discount codes, or loyalty programs in a manner not intended by Cabana Taco, including creating multiple accounts to take advantage of first-time customer promotions.
• Impersonation: Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Illegal Activities: Using our services in furtherance of any illegal activity, including money laundering, fraud, or any violation of applicable federal, state, or local law.
• Overloading Systems: Taking any action that imposes an unreasonable or disproportionately large load on our Website's infrastructure.

Violation of any of the above prohibitions may result in immediate termination of your access to our services, and Cabana Taco reserves the right to pursue any and all available legal remedies.

4. Intellectual Property Rights

All content, materials, and information available on the Cabana Taco Website, including but not limited to text, graphics, logos, photographs, images, audio clips, digital downloads, data compilations, menu designs, brand elements, and software (collectively, "Content"), are the exclusive property of Cabana Taco or its licensors and are protected by United States copyright, trademark, trade dress, and other applicable intellectual property laws.

The Cabana Taco name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Cabana Taco or its affiliates and licensors. You may not use such marks without the prior written permission of Cabana Taco. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

4.1 Limited License

Subject to your compliance with these Terms, Cabana Taco grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for personal, non-commercial purposes only. This license does not include the right to:

• Resell or commercially exploit the Website or its Content;
• Copy, reproduce, republish, upload, post, transmit, or distribute any Content without express written authorization;
• Modify or create derivative works based on our Content;
• Use data mining, robots, or similar data gathering and extraction tools on our Website.

Any use of the Website or its Content not expressly permitted by these Terms is a breach of this Agreement and may violate copyright, trademark, and other applicable laws.

4.2 User-Submitted Content

If you submit reviews, feedback, comments, photos, or other content to Cabana Taco (collectively, "User Content"), you grant Cabana Taco a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not infringe upon the intellectual property rights or other rights of any third party.

5. Payment Terms

5.1 Pricing and Taxes

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes, fees, and delivery charges will be calculated and disclosed to you at checkout prior to completing your order. You are responsible for all applicable taxes associated with your purchase.

5.2 Payment Methods

Cabana Taco accepts various forms of payment, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as disclosed on our Website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Cabana Taco to charge your selected payment method for the total amount of your order.

5.3 Order Confirmation and Processing

Upon successful placement of an order, you will receive an order confirmation via email or through the Website. This confirmation acknowledges receipt of your order but does not constitute acceptance. We reserve the right to cancel or refuse any order for any reason, including but not limited to unavailability of items, errors in pricing or product information, or suspicion of fraudulent activity.

5.4 Refunds and Cancellations

Due to the perishable nature of our food products, all sales are generally final once an order has been prepared. Refund requests will be considered on a case-by-case basis in instances of incorrect orders, food quality concerns, or other circumstances at our sole discretion. To request a refund or report an issue, please contact us at [email protected] within 24 hours of receiving your order. Cabana Taco reserves the right to offer store credit, replacement items, or a refund at its sole discretion.

5.5 Chargebacks

If you initiate a chargeback with your financial institution without first contacting Cabana Taco to resolve the issue, we reserve the right to dispute such chargebacks and may suspend or terminate your account pending resolution. You agree to cooperate with Cabana Taco in resolving any payment disputes.

6. Allergen and Dietary Information

Cabana Taco makes reasonable efforts to provide accurate allergen and dietary information for our Food Products. However, we cannot guarantee that our food is free from any specific allergen, as our food is prepared in facilities that handle common allergens including, but not limited to, gluten, dairy, eggs, nuts, soy, and shellfish. Cross-contamination may occur during preparation.

If you have a food allergy, sensitivity, or specific dietary requirement, you acknowledge and accept the risk associated with consuming our Food Products. Cabana Taco strongly encourages customers with severe food allergies to contact us directly before placing an order. Cabana Taco shall not be liable for any adverse reactions, injury, or illness resulting from failure to disclose dietary restrictions or allergies.

7. Disclaimers

7.1 As-Is Basis

THE WEBSITE AND ALL SERVICES, CONTENT, AND FOOD PRODUCTS PROVIDED BY CABANA TACO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CABANA TACO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 No Warranty of Accuracy

CABANA TACO DOES NOT WARRANT THAT THE INFORMATION ON OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ALL TIMES, UNINTERRUPTED, SECURE, OR FREE FROM ERRORS OR VIRUSES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.

7.3 Third-Party Services

Our Website may contain links to third-party websites or services, including but not limited to delivery platforms and payment processors. Cabana Taco does not endorse, control, or assume responsibility for any third-party websites, services, or content. Your use of third-party services is governed by their respective terms and conditions, and Cabana Taco disclaims all liability for any damages or losses arising from your use of such third-party services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL CABANA TACO, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, 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 REVENUE, 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 WEBSITE, SERVICES, OR FOOD PRODUCTS, EVEN IF CABANA TACO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CABANA TACO TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CABANA TACO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless Cabana Taco and its owners, officers, directors, employees, agents, licensors, suppliers, 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;
• Your use or misuse of our Website, services, or Food Products;
• Your violation of any applicable law, regulation, or ordinance;
• Your infringement of any intellectual property or other rights of any person or entity;
• Your submission of false, inaccurate, or misleading information;
• Any dispute between you and a third party arising from your use of our services;
• Your negligence or willful misconduct.

Cabana Taco reserves the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Cabana Taco in asserting any available defense. This indemnification obligation will survive the termination of these Terms and your use of our Website and services.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Cabana Taco is registered and operates, without regard to its conflict of law provisions.

Where applicable, consumer protection matters shall be governed by the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., and other applicable federal consumer protection statutes. For users located in California, additional rights may be available under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).

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 United States, and you hereby irrevocably consent to the personal jurisdiction of such courts.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Cabana Taco at [email protected] and provide a written description of the dispute, including the nature of the claim and the relief sought. Cabana Taco will make good-faith efforts to resolve the dispute informally within thirty (30) days of receiving your written notice. Both parties agree to engage in this informal dispute resolution process before pursuing formal legal action.

11.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal means within thirty (30) days, you and Cabana Taco agree that any dispute, claim, or controversy arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of our services shall be resolved by binding arbitration administered by a recognized arbitration body in the United States, in accordance with its Consumer Arbitration Rules, except as otherwise provided herein.

The arbitration shall be conducted in the English language. The arbitrator shall have the authority to award any remedy that would be available in a court of competent jurisdiction. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH YOU AND CABANA TACO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect for as long as you access or use our Website and services. Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

12.2 Termination by Cabana Taco

Cabana Taco reserves the right, in its sole discretion, to suspend or terminate your access to our Website and services at any time and for any reason, including but not limited to your violation of these Terms, suspected fraudulent activity, or any behavior that Cabana Taco determines to be harmful to its business, employees, or other customers. We may take such action immediately and without prior notice.

12.3 Termination by User

You may terminate your use of our services at any time by ceasing to access and use our Website. If you have an account with Cabana Taco, you may request account deletion by contacting us at [email protected]. Any outstanding orders or unpaid balances must be resolved prior to account deletion.

12.4 Effect of Termination

Upon termination, your right to use our Website and services will immediately cease. Cabana Taco shall not be liable to you or any third party for any termination of your access to our services. Provisions that by their nature should survive termination shall remain in effect after termination, including without limitation: intellectual property rights, disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

13. Changes to Terms

Cabana Taco reserves the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. We may also notify you of significant changes through our Website or via email if you have provided us with your email address.

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

Cabana Taco's failure 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 term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

14. Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of personal information obtained through your use of our Website and services is governed by our Privacy Policy, which is incorporated into and forms part of these Terms by this reference. By using our services, you also agree to the terms of our Privacy Policy.

Cabana Taco complies with applicable privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and applicable provisions of the Federal Trade Commission Act (FTC Act) governing unfair or deceptive practices with respect to personal data.

15. Electronic Communications

By using our Website and services, you consent to receive electronic communications from Cabana Taco, which may include order confirmations, promotional offers, updates to these Terms or our Privacy Policy, and other communications related to your use of our services. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you wish to opt out of promotional communications, you may do so by following the unsubscribe instructions included in such communications or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, you may still receive transactional and administrative emails related to your orders and account.

16. Force Majeure

Cabana Taco shall not be liable or responsible for any failure or delay in the performance of 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, pandemics, epidemics, fire, flood, war, terrorism, labor disputes, governmental actions, utility failures, internet service disruptions, or supply chain disruptions. In the event of a force majeure event, Cabana Taco will make commercially reasonable efforts to resume normal operations as soon as practicable.

17. Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction 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 deemed severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect.

The parties agree that any such invalid, illegal, or unenforceable provision should be construed as closely as possible to the original intent of the parties, and that the overall intent of these Terms shall be preserved to the fullest extent possible.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements or policies expressly incorporated herein by reference, constitute the entire agreement between you and Cabana Taco with respect to your use of our Website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

No modification of these Terms shall be valid or binding unless made in writing and signed by an authorized representative of Cabana Taco. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

19. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact Cabana Taco using the information provided below:

We will make commercially reasonable efforts to respond to all inquiries within a timely manner. For urgent matters related to food safety or order issues, please contact us directly via email for the fastest response.