Viva Cafe AZ

Terms of Use, Food Disclosure & Business Policies

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PLEASE READ CAREFULLY.

By visiting Viva Cafe AZ, placing an order, making a purchase, consuming any food or beverage, or using any of our services (in person, online, via social media, or through third-party platforms), you agree to be legally bound by these Terms of Use, Food Disclosure, and Business Policies (“Terms”).
If you do not agree, please do not use our services.

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These Terms apply to all interactions with Viva Cafe AZ, including but not limited to in-store purchases, online orders, preorders, curbside pickup, third-party delivery platforms, social media communications, and any website or ordering system operated by Viva Cafe AZ.

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1. Sales, Payments & Orders

• ALL SALES ARE FINAL.
  Viva Cafe AZ does not offer refunds, returns, exchanges, cancellations, or store credit under any circumstances.

• Orders cannot be modified or canceled once submitted.

• Customers are solely responsible for reviewing all order details (items, quantities, pickup time, and dietary considerations) before completing purchase.

• Orders placed on weekends, holidays, or outside business hours may be treated as preorders for the next available business day unless otherwise stated.​

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Viva Cafe AZ – Taxes & Fees Disclosure

By placing an order or completing a purchase with Viva Cafe AZ, you acknowledge and agree to the following:

• Prices are subject to all applicable Arizona state, county, and city sales taxes (TPT) as required by law.

• Transaction fees, payment processing fees, and platform-related fees may apply to online or card transactions.

• Taxes and fees are non-refundable and non-negotiable.

• The total amount is shown before checkout and is final once payment is completed.

• All sales are final. No refunds, cancellations, or chargebacks related to taxes or fees.

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By completing your purchase, you authorize Viva Cafe AZ to charge the full amount, including applicable taxes and fees.

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2. Business Hours, Preparation & Pickup

• All services, communications, order preparation, and pickups occur only during posted business hours.

• Viva Cafe AZ is not responsible for:

  • Missed pickups

  • Late arrivals

  • Unclaimed orders

  • Orders left beyond business hours

• Preparation times and pickup times are estimates only and are not guaranteed.

• Product availability, ingredients, portion sizes, and menu items may change without notice.

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3. Food Disclosure & Allergen Warning

• Viva Cafe AZ products may contain or come into contact with allergens, including but not limited to:

  • Dairy

  • Peanuts

  • Tree nuts

  • Soy

  • Wheat / Gluten

  • Fruits​

• Our kitchen is NOT an allergen-free facility.

• By purchasing or consuming our products, you assume full responsibility for any allergic reactions, sensitivities, dietary responses, or health conditions.

• Customers with food allergies, medical conditions, or dietary restrictions are solely responsible for reviewing ingredients and making informed decisions prior to purchase.

• Viva Cafe AZ assumes no liability for allergic reactions, illness, injury, or adverse health effects related to food consumption.

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Proprietary Recipes, Ingredients & Sourcing — Viva Cafe AZ

 

All recipes, preparation methods, ingredient combinations, suppliers, and brand selections used by Viva Cafe AZ are proprietary and protected under applicable Arizona and federal law.

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Specific ingredient brands, suppliers, and proprietary formulations are not disclosed.

 

Customers with allergies or dietary restrictions must notify staff before ordering. Viva Cafe AZ is not responsible for reactions resulting from undisclosed allergies.

 

Requests for proprietary information may be declined at the business’s discretion. Unauthorized attempts to obtain such information may result in refusal of service as permitted by Arizona law.

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4. Assumption of Risk

By consuming any food or beverage from Viva Cafe AZ, you acknowledge and voluntarily accept all risks associated with food preparation, handling, storage, and consumption, including but not limited to:

• Allergic reactions

• Foodborne illness

• Injury or adverse health effects

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5. Use of Services & Customer Conduct

• Customers agree to use Viva Cafe AZ services lawfully and respectfully.

• Harassment, abusive language, threats, false claims, defamation, or attempts to damage the business, staff, or reputation will not be tolerated.

• Viva Cafe AZ reserves the right to refuse service to any individual, at any time, for any lawful reason.

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Recording & Image Policy (Arizona)

Customers may record their purchased drinks only.

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Recording, photographing, or posting the face, voice, or likeness of the owner or staff is not permitted without prior written consent. This includes video, photos, and livestreams.

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By placing an order or entering the premises, customers automatically agree to this policy. Any unauthorized use of our image or brand may result in removal requests, refusal of service, or further action as allowed under Arizona law.​

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6. Accuracy of Information

While we strive to provide accurate menus, pricing, and information, Viva Cafe AZ does not guarantee that all content is complete, current, or error-free.

We reserve the right to:

• Correct errors

• Update pricing

• Modify menu items

• Discontinue products

…at any time without prior notice.

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7. Intellectual Property

All branding, logos, names, designs, menus, photos, videos, text, and materials associated with Viva Cafe AZ are the exclusive property of Viva Cafe AZ.

Unauthorized copying, reproduction, distribution, or use is strictly prohibited without prior written consent.

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8. Limitation of Liability

To the maximum extent permitted under Arizona law:

• All products and services are provided “AS IS” without warranties of any kind, express or implied.

• Viva Cafe AZ shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from:

  • Food consumption

  • Use of services

  • Ordering errors

  • Delays or availability issues

• If liability is found, it shall be strictly limited to the amount paid for the product purchased.

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9. Indemnification

You agree to indemnify, defend, and hold harmless Viva Cafe AZ, its owners, employees, contractors, and affiliates from any claims, damages, losses, liabilities, or legal expenses arising from:

• Your use of our services

• Consumption of our products

• Violation of these Terms

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10. Changes to Terms

Viva Cafe AZ reserves the right to modify or update these Terms at any time without notice.
Continued use of our services constitutes acceptance of the revised Terms.

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11. Governing Law & Venue

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