Terms of Service

Last Updated: January 15, 2024

1. Acceptance of Terms

Welcome to La Estancia Miramar. By accessing or using our website (https://migas-florida.net), placing orders, making reservations, or using any of our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

These Terms constitute a legally binding agreement between you and La Estancia Miramar ("we," "us," or "our"). We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on this page.

2. Use of Website

2.1 Eligibility

You must be at least 18 years old to use our services or make purchases. By using our website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2.2 Permitted Use

You agree to use our website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the website in any way that violates any applicable federal, state, local, or international law or regulation
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
• Impersonate or attempt to impersonate La Estancia Miramar, our employees, another user, or any other person or entity
• Use any robot, spider, or other automatic device to access the website for any purpose
• Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material
• Attempt to gain unauthorized access to any portion of the website or any systems or networks connected to the website

2.3 Account Security

If you create an account on our website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Orders and Reservations

3.1 Order Acceptance

All orders placed through our website or by phone are subject to acceptance by La Estancia Miramar. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Product or service availability
• Errors in pricing or product information
• Suspected fraudulent or unauthorized transactions
• Inability to verify customer information

3.2 Pricing

All prices are listed in U.S. Dollars (USD) and are subject to change without notice. We strive to provide accurate pricing information, but errors may occur. If we discover an error in the price of an item you have ordered, we will inform you and give you the option to reconfirm your order at the correct price or cancel it.

3.3 Payment

Payment is due at the time of order or upon delivery/pickup. We accept major credit cards, debit cards, and cash. By providing payment information, you represent and warrant that you are authorized to use the payment method.

3.4 Reservations

Reservations are subject to availability and must be confirmed by La Estancia Miramar. We reserve the right to cancel or modify reservations due to unforeseen circumstances. We will make reasonable efforts to notify you of any changes to your reservation.

3.5 Cancellation Policy

Orders may be cancelled up to 30 minutes after placement. Reservations may be cancelled up to 2 hours before the scheduled time. Cancellations made after these timeframes may be subject to a cancellation fee.

4. Delivery and Pickup

4.1 Delivery Areas

We deliver to select areas within our service radius. Delivery fees may apply based on distance and order size. Delivery times are estimates and may vary due to traffic, weather, or other factors beyond our control.

4.2 Delivery Requirements

You must provide accurate delivery information, including address and contact details. Someone must be available to receive the delivery. We are not responsible for orders that cannot be delivered due to incorrect information or unavailability of the recipient.

4.3 Pickup Orders

Pickup orders must be collected within the specified timeframe. Orders not picked up within 30 minutes of the scheduled time may be cancelled, and no refund will be provided.

5. Food Safety and Allergies

5.1 Food Preparation

We take food safety seriously and follow all applicable health and safety regulations. However, we cannot guarantee that our food is free from all allergens or contaminants.

5.2 Allergen Information

If you have food allergies or dietary restrictions, please inform us when placing your order. While we will make reasonable efforts to accommodate your needs, we cannot guarantee that cross-contamination will not occur.

5.3 Disclaimer

You assume all risk and liability for any adverse reactions to food consumed from La Estancia Miramar. We are not liable for any allergic reactions, food-borne illnesses, or other health issues resulting from consumption of our food.

6. Intellectual Property

6.1 Ownership

All content on this website, including but not limited to text, graphics, logos, images, videos, and software, is the property of La Estancia Miramar or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the website for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the website without our prior written consent.

6.3 Trademarks

"La Estancia Miramar" and our logo are trademarks of La Estancia Miramar. You may not use these trademarks without our prior written permission.

7. User-Generated Content

7.1 Reviews and Comments

You may have the opportunity to submit reviews, comments, or other content on our website or social media pages. By submitting content, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display such content.

7.2 Content Standards

You agree that any content you submit will not:

• Contain false, misleading, or defamatory information
• Violate any third-party rights, including intellectual property rights
• Contain obscene, offensive, or inappropriate material
• Promote illegal activities or violate any laws

7.3 Moderation

We reserve the right to remove, edit, or refuse to post any user-generated content that violates these Terms or that we deem inappropriate for any reason.

8. Limitation of Liability

8.1 Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 Limitation of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, LA ESTANCIA MIRAMAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

8.3 Maximum Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

9. Indemnification

You agree to indemnify, defend, and hold harmless La Estancia Miramar, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the website or services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or transmit through the website

10. Privacy

Your use of the website is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

11. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by La Estancia Miramar. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party websites or services.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to the personal jurisdiction of such courts.

13. Dispute Resolution

13.1 Informal Resolution

If you have any dispute with us, you agree to first contact us and attempt to resolve the dispute informally by contacting us at inbox@migas-florida.net.

13.2 Arbitration

If we cannot resolve the dispute informally, any dispute arising out of or related to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Broward County, Florida.

13.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

15. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of La Estancia Miramar.

16. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and La Estancia Miramar regarding the use of our website and services and supersede all prior agreements and understandings.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date at the top of this page
• Sending you an email notification (if you have provided your email address)

Your continued use of the website after any changes to these Terms constitutes your acceptance of the new Terms.

18. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us:

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These Terms of Service are effective as of January 15, 2024.
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