These Terms of Service ("Terms") govern access to and use of RiaRai websites, platforms, and services, including RiaRai Site, RiaRai Order, RiaRai Book, riarai.com, and related RiaRai subdomains that link to these Terms (collectively, the "Services").
RiaRai is operated by Rio Grande Marketing Agency, LLC ("RiaRai," "we," "us," or "our").
These Terms apply to:
- Visitors to RiaRai websites;
- Businesses that use or purchase RiaRai Services;
- Customers who place orders through RiaRai Order; and
- Clients who schedule appointments or services through RiaRai Book.
By creating an account, submitting an order or booking, signing a service agreement, or otherwise using the transactional features of the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. How these Terms work
These Terms include general provisions that apply across RiaRai and product-specific provisions for RiaRai Site, RiaRai Order, and RiaRai Book.
If a product-specific provision conflicts with a general provision, the product-specific provision controls for that product.
A participating restaurant, service business, or website client may also enter into a proposal, Statement of Work, service agreement, or other written agreement with RiaRai. If that signed agreement conflicts with these Terms, the signed agreement controls the business relationship to the extent of the conflict.
Third-party services may have separate terms and privacy policies. Their terms govern your direct use of their services.
2. Eligibility and authority
You must be at least 18 years old, or the age of legal majority where you live, to enter into a binding agreement with RiaRai. A parent or legal guardian may place an order or make a booking for a minor.
If you use the Services for a business or other organization, you represent that you have authority to accept these Terms on its behalf.
3. Accurate information and account security
You agree to provide accurate, current, and complete information when using the Services. This includes contact information, order details, booking details, pickup information, and payment information.
If you create or receive login credentials, you are responsible for keeping them confidential and for activity that occurs through your account. Notify us promptly if you believe an account or credential has been used without authorization.
4. Acceptable use
You may not:
- Use the Services for unlawful, fraudulent, deceptive, or abusive purposes;
- Submit false orders, bookings, reviews, payment disputes, or account information;
- Interfere with the security, availability, or operation of the Services;
- Attempt to access accounts, systems, or data without authorization;
- Copy, scrape, reverse engineer, resell, or exploit the Services except as permitted by law or a written agreement with RiaRai;
- Upload malicious code or content that infringes another person's rights; or
- Use the Services in a way that harms RiaRai, a participating business, another user, or a third-party provider.
We may restrict or suspend access when reasonably necessary to protect the Services, users, participating businesses, or third parties.
5. RiaRai Site
5.1 Website services
RiaRai Site provides website design, development, hosting-related support, maintenance, and related services for businesses. The exact scope, pricing, timeline, included revisions, ownership terms, support, and ongoing fees for a website project are stated in the applicable proposal, Statement of Work, service agreement, or order form.
5.2 Client responsibilities
Website clients are responsible for:
- Providing accurate and lawful text, images, logos, product information, pricing, policies, and other materials needed for the project;
- Obtaining permission to use materials supplied to RiaRai;
- Reviewing and approving content, links, forms, pricing, and functionality before launch;
- Maintaining accurate business, product, and contact information after launch;
- Complying with laws and industry rules that apply to their business and website; and
- Maintaining any accounts, subscriptions, licenses, or credentials assigned to them.
Unless expressly included in a signed agreement, RiaRai does not provide legal, tax, accounting, regulatory, or accessibility-compliance advice. Website clients are responsible for obtaining professional advice and for supplying or approving legally required disclosures and policies.
5.3 Client content and project materials
The website client retains ownership of content and trademarks it owns and provides to RiaRai. The client grants RiaRai permission to use that material as reasonably necessary to perform the services.
Ownership and transfer of custom project deliverables are governed by the applicable signed agreement. RiaRai retains ownership of its preexisting tools, methods, templates, reusable code, know-how, and other agency materials. Third-party themes, plugins, fonts, software, stock media, and services remain subject to their own licenses.
5.4 Third-party services
Websites may depend on third-party hosting, domain registrars, plugins, payment processors, email providers, analytics tools, scheduling tools, and other services. RiaRai is not responsible for a third party's independent acts, outages, pricing changes, policy changes, or discontinuation of service, although any support obligations stated in a signed agreement remain in effect.
5.5 Websites operated by RiaRai clients
A website built or supported through RiaRai Site may be owned and operated by the applicable client business. That business is responsible for its products, services, representations, customer relationships, privacy practices, and legal obligations. Use of a client's website may also be governed by that client's terms and policies.
6. RiaRai Order
6.1 Role of RiaRai Order
RiaRai Order is an online ordering platform that allows customers to place orders with participating restaurants.
The restaurant you select is independently responsible for its menu, pricing, taxes, item descriptions, availability, preparation, packaging, food quality, allergens, substitutions, pickup instructions, refunds, and compliance with applicable food-service requirements.
RiaRai provides the ordering, payment-processing, and order-notification technology used to facilitate the transaction. RiaRai does not prepare, package, handle, or inspect restaurant orders.
6.2 Order review, acceptance, and payment
You are responsible for reviewing your order, pickup information, contact information, and complete total before submitting the order.
When you submit an order, Stripe may authorize your payment method for the amount displayed at checkout. An authorization reserves the amount and may appear as a pending transaction, but it is not a completed charge.
The restaurant must review and accept the order before payment is captured. If the restaurant declines the order or does not accept it within the available acceptance period, the payment authorization will be canceled and payment will not be captured.
Your bank or card issuer determines how quickly a canceled authorization disappears from your account.
When the restaurant accepts the order, payment is captured, the order is confirmed, and the restaurant becomes responsible for preparing and fulfilling it.
Payments are processed by Stripe through the participating restaurant's connected payment account. RiaRai does not receive or store your complete payment-card number.
6.3 RiaRai Order service fee
Each accepted order includes a $1.00 RiaRai platform service fee. The fee is displayed before you submit the order.
The service fee is charged only after the restaurant accepts the order and payment is captured. If the restaurant declines the order before acceptance, the service fee is not charged.
Once the restaurant accepts the order, the service fee is generally nonrefundable. This includes situations in which the restaurant later provides a full or partial refund because of a customer cancellation, missing or incorrect items, food quality, dissatisfaction, or another issue involving the restaurant's preparation or fulfillment.
The service fee may be refunded when:
- A duplicate or unauthorized charge occurs;
- An error caused solely by RiaRai prevents an accepted order from being properly processed;
- The restaurant accepts the order but is unable to provide any part of it; or
- A refund is otherwise required by law.
6.4 Cancellations and refunds
Before accepting an order, the restaurant may decline it because of availability, operating hours, staffing, technical issues, or other circumstances. When an order is declined before acceptance, the payment authorization is canceled and no payment is captured.
Once a restaurant accepts an order, customer cancellation requests are subject to the restaurant's approval.
The restaurant determines whether a refund is approved for food quality, incorrect items, missing items, customer cancellations, or other fulfillment concerns. Unless otherwise stated in these Terms, an approved refund generally covers only the refundable restaurant-order amount and does not include the RiaRai service fee.
If a restaurant accepts an order but is unable to provide any part of it, the customer will receive a refund of the complete amount paid, including the RiaRai service fee, unless the customer agrees to a replacement or another resolution with the restaurant.
Refunds are returned to the original payment method. Processing times depend on Stripe, the customer's financial institution, and the card issuer.
Questions about preparation, food quality, missing items, substitutions, cancellations, or refunds should first be directed to the restaurant that accepted the order.
6.5 Allergies and dietary restrictions
Customers with allergies or dietary restrictions should contact the restaurant directly before placing an order. RiaRai does not guarantee that menu information is complete or that food is free from allergens or cross-contact.
6.6 Pickup
Customers are responsible for reviewing pickup information and collecting accepted orders from the restaurant. Estimated preparation or pickup information is not guaranteed and may change because of restaurant operations or circumstances outside RiaRai's control.
7. RiaRai Book
7.1 Role of RiaRai Book
RiaRai Book allows clients to request or schedule appointments, classes, consultations, and other services with participating service businesses.
The participating business is independently responsible for its services, qualifications, licenses, staff, pricing, taxes, availability, appointment duration, location, safety practices, cancellation policy, no-show policy, and delivery of the booked service.
RiaRai provides scheduling, payment-processing when applicable, and notification technology used to facilitate the booking. RiaRai does not perform, supervise, or guarantee the participating business's services.
7.2 Booking information and confirmation
You are responsible for reviewing the selected business, service, provider, date, time, location, contact information, price, and applicable policies before submitting a booking.
A booking may be confirmed immediately or may require approval from the participating business. A booking is not final until the confirmation page or notification states that it has been confirmed.
The participating business may reject, cancel, or request changes to a booking because of availability, staffing, scheduling conflicts, eligibility requirements, technical issues, or other circumstances.
7.3 RiaRai Book service fee
Each confirmed booking includes a $1.00 RiaRai platform service fee. The fee is displayed before you submit the booking.
For a booking that requires business approval, the service fee is charged only after the business accepts and confirms the booking. For an immediately confirmed booking, the service fee is charged when the booking is confirmed.
The service fee is generally nonrefundable after confirmation, including when a client later cancels, reschedules, misses the appointment, or is dissatisfied with the participating business's service.
The service fee may be refunded when:
- A duplicate or unauthorized charge occurs;
- An error caused solely by RiaRai prevents the confirmed booking from being properly processed;
- The participating business cancels and cannot provide the booked service or an acceptable replacement; or
- A refund is otherwise required by law.
7.4 Service charges, deposits, and payments
The amount charged by a participating business for its service is separate from the RiaRai platform service fee.
If a participating business collects a service charge, deposit, cancellation fee, or no-show fee through RiaRai Book, the amount and applicable policy will be displayed or made available before the booking is confirmed. Payments are processed through the participating business's connected payment account. RiaRai does not receive or store your complete payment-card number.
The participating business is responsible for determining and administering refunds of its service charges, deposits, cancellation fees, and no-show fees, subject to the policy disclosed for the booking and applicable law.
7.5 Cancellations, rescheduling, and no-shows
Cancellation, rescheduling, late-arrival, and no-show rules are set by the participating business. Review the applicable policy before confirming a booking.
Requests to cancel or reschedule should be submitted through the available booking tools or directly to the participating business. A request is not effective until it is received and, when required, approved by the business.
If the business cancels and cannot provide the booked service or an acceptable replacement, any refundable amount paid through RiaRai Book will be returned to the original payment method, including the RiaRai service fee.
Refund timing depends on Stripe, the customer's financial institution, and the card issuer.
7.6 Services, qualifications, and safety
RiaRai does not independently verify or guarantee every representation, license, certification, insurance policy, qualification, health practice, or safety procedure of a participating business or service provider.
Clients are responsible for deciding whether a service is appropriate for them and for communicating relevant needs, restrictions, allergies, medical conditions, or accessibility requirements directly to the participating business.
RiaRai Book does not provide medical, legal, financial, fitness, beauty, or other professional advice.
8. Payments, prices, and taxes
Prices, fees, taxes, tips, deposits, and other charges that apply to a transaction will be displayed or made available before confirmation.
Participating restaurants and service businesses are responsible for setting their prices and determining applicable taxes. RiaRai may correct pricing or technical errors before a transaction is accepted or confirmed.
Payment processing is provided by Stripe or another disclosed payment provider. Your use of payment services may also be subject to that provider's terms and privacy policy.
You agree not to submit a chargeback or payment dispute you know to be false or misleading. This does not limit your right to dispute an unauthorized or incorrect charge through your financial institution.
9. Transactional communications
RiaRai may provide confirmations, receipts, security notices, support responses, and other transactional communications through the website, email, or another method associated with your transaction.
When a separate text-message consent option is presented, you may choose to receive automated transactional text messages about your order or booking by selecting that option.
By providing that consent, you agree to receive automated transactional text messages from RiaRai about your order or booking with the participating business you selected. Messages may include confirmations, status information, changes, cancellations, reminders, and ready-for-pickup notifications, as applicable.
Message frequency varies based on the transaction. Message and data rates may apply.
Reply STOP to opt out of future text messages or HELP for help. You may also revoke consent through another reasonable method that clearly communicates your request. Opting out of text messages does not cancel an order or booking. After opting out, use the applicable confirmation page, account tools, or contact the participating business directly for updates.
Consent to receive text messages is optional and is not a condition of placing an order, making a booking, or purchasing a service. RiaRai does not send advertising or promotional text messages through this transactional messaging program.
Text-message delivery is not guaranteed and may be delayed or prevented by circumstances outside RiaRai's control, including carrier availability, device settings, network conditions, or incorrect contact information.
Mobile numbers and text-message consent information are not sold or shared with third parties or affiliates for their marketing or promotional purposes. Information may be provided to service providers only as necessary to operate the Services and communications program.
10. Privacy
Our collection and use of personal information are described in the RiaRai Privacy Policy:
Participating businesses receive information reasonably necessary to fulfill an order, manage a booking, provide a service, communicate with the customer or client, prevent misuse, and comply with legal obligations. A participating business may have its own privacy policy and is independently responsible for its use of information outside RiaRai.
11. Intellectual property
The Services, including RiaRai names, logos, interface designs, software, text, graphics, and other materials provided by RiaRai, are owned by RiaRai or its licensors and are protected by applicable intellectual-property laws.
These Terms grant you a limited, nonexclusive, nontransferable, revocable right to use the Services for their intended purpose. They do not transfer ownership of RiaRai intellectual property.
If you send feedback or suggestions, you permit RiaRai to use them without restriction or compensation, provided that doing so does not give RiaRai ownership of your confidential information or intellectual property.
12. Third-party services and links
The Services may integrate with or link to third-party services, including Stripe, Twilio, hosting providers, mapping services, analytics providers, social networks, and participating-business websites.
RiaRai does not control and is not responsible for third-party content, policies, security, availability, or performance. Your use of third-party services is governed by the applicable third party's terms and policies.
13. Service availability and changes
The Services may occasionally be unavailable because of maintenance, technical problems, security concerns, third-party interruptions, or circumstances outside our control.
RiaRai does not guarantee uninterrupted or error-free access, or uninterrupted delivery of payment confirmations, emails, or text notifications.
We may update, modify, suspend, or discontinue a feature or Service. When reasonably practical, we will provide notice if a material change affects an active paid business service.
14. Disclaimers
To the fullest extent permitted by law, the Services are provided "as is" and "as available." RiaRai disclaims implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.
RiaRai does not guarantee:
- The quality, safety, legality, availability, or suitability of a participating business's products or services;
- That a restaurant will accept or fulfill an order;
- That a service business will accept, keep, or satisfactorily perform a booking;
- That a website will produce a particular level of traffic, sales, search ranking, accessibility compliance, or business results unless expressly stated in a signed agreement; or
- That the Services will always be available, secure, timely, or error-free.
Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.
15. Limitation of liability
To the fullest extent permitted by law, RiaRai and its owners, employees, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunities arising from or related to the Services.
To the fullest extent permitted by law, RiaRai's total liability for a claim arising from or related to the Services will not exceed the greater of:
- The amount you paid directly to RiaRai for the Service giving rise to the claim during the 12 months before the event giving rise to liability; or
- $100.
This limitation does not apply to liability that cannot legally be limited or excluded.
16. Business-user responsibility
A business that uses the Services is responsible for its products, services, employees, contractors, customer communications, business practices, legal compliance, and use of customer or client information.
To the fullest extent permitted by law, a business user agrees to defend, indemnify, and hold harmless RiaRai and its owners, employees, and contractors from third-party claims, damages, losses, and reasonable expenses arising from the business's products, services, content, policies, legal violations, negligence, or misuse of the Services.
This section does not replace or expand any indemnification obligations stated in a signed agreement.
17. Suspension and termination
You may stop using the Services at any time, subject to payment obligations, contract terms, cancellation policies, and other commitments already incurred.
We may suspend or terminate access if you materially violate these Terms, create a security or legal risk, fail to pay amounts due, misuse the Services, or if continued access would reasonably risk harm to RiaRai, a participating business, another user, or a third party.
Termination does not eliminate rights or obligations that arose before termination. Provisions that by their nature should survive will remain in effect, including payment obligations, intellectual-property provisions, disclaimers, limitations of liability, indemnification, and dispute provisions.
18. Governing law and disputes
These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-law principles.
Before filing a legal claim, you and RiaRai agree to make a good-faith effort to resolve the dispute informally by providing written notice describing the issue and requested resolution. This requirement does not prevent either party from seeking urgent injunctive or equitable relief when appropriate.
Unless applicable law requires otherwise, claims arising from or relating to these Terms or the Services must be brought in the state or federal courts located in Doña Ana County, New Mexico, and each party consents to the jurisdiction of those courts.
Nothing in these Terms limits rights or remedies that cannot be waived under applicable consumer-protection law.
19. Changes to these Terms
We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last updated" date.
Changes generally apply prospectively. For orders and bookings, the Terms in effect when the transaction is submitted will apply to that transaction unless a change is required by law. Material changes to an ongoing business service will be handled as stated in the applicable agreement or through reasonable notice.
20. General provisions
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be enforced to the maximum extent permitted by law.
Our failure to enforce a provision is not a waiver of our right to enforce it later.
You may not transfer your rights or obligations under these Terms without our written consent. RiaRai may transfer these Terms in connection with a merger, acquisition, reorganization, sale of assets, or transfer of the applicable Service.
These Terms, the RiaRai Privacy Policy, applicable product disclosures, and any signed agreement constitute the applicable agreement between you and RiaRai concerning the Services.
21. Contact
For questions about these Terms or the RiaRai Services, contact:
Rio Grande Marketing Agency, LLC Operating RiaRai Email: contact@riarai.com