Terms & Conditions

DARBA RESTAURANT — TERMS AND CONDITIONS

Effective Date: August 3, 2026 | 2219 Gravois Ave, St. Louis, MO 63104 | (314) 449-1055 | darbarestaurant.com

These Terms govern use of darbarestaurant.com and related services — dine-in, takeout, online ordering, catering, gift cards, and memberships (the "Services") — offered by Darba Restaurant ("Darba," "we," "us"). They include an arbitration clause and class action waiver. Using the Website or Services means you agree to these Terms.

1. ACCEPTANCE. Using the Website, placing an order, enrolling in a membership, or purchasing a gift card constitutes acceptance of these Terms and our Privacy Policy. If you disagree, discontinue use.

2. ELIGIBILITY. You must be 18+ with legal capacity to contract; minors may use the Services only with parental consent. Alcohol, where offered, is sold only to persons 21+ with valid ID, per Chapter 311 RSMo.

3. RESTAURANT SERVICES. Darba offers dine-in, takeout, online ordering, catering, gift cards, and memberships. Services may be added, modified, or discontinued anytime without notice, subject to posted policies.

4. MENU AVAILABILITY. Menu items, images, descriptions, and prices are subject to change and availability. If an ordered item is unavailable, Darba may substitute it or adjust/refund the charge.

5. PRICING & TAXES. Prices are in USD, subject to change, including correction of posted errors. Applicable Missouri and local sales taxes apply. Online, catering, and large-party orders may include service, delivery, gratuity, or card-surcharge fees disclosed before checkout.

6. ONLINE ORDERING. Online ordering is powered by Clover. You are responsible for your order and account accuracy. Darba does not guarantee uninterrupted or error-free platform operation.

7. ORDER ACCEPTANCE & CANCELLATION. Darba may refuse or cancel any order for reasons including suspected fraud, pricing errors, item unavailability, or inability to fulfill it. Cancelled paid orders are refunded in full. Once preparation begins, cancellation isn't guaranteed—call (314) 449-1055 promptly.

8. PICKUP ORDERS. Retrieve orders at the designated time. Orders unclaimed 30+ minutes past pickup may be discarded without refund. Report discrepancies before leaving the premises.

9. DELIVERY DISCLAIMER. Third-party delivery (DoorDash, Uber Eats, Grubhub, etc.) is governed by that provider's own terms. Darba isn't liable for delivery delays, courier errors, food condition after leaving our premises, or provider fees; direct such claims to the provider.

10. CATERING. Catering requires advance notice and may require a non-refundable deposit; balances are generally due by the event date. Cancellations close to the event may forfeit some or all fees. Final counts, menus, and dietary requests are due by the disclosed deadline; Customers must supply accurate event details.

11. MEMBERSHIP PROGRAMS. Lunch Club, Family Club, and VIP Club benefits are personal, non-transferable, and governed by program-specific terms disclosed at enrollment. Darba may modify/discontinue programs on reasonable notice and suspend/terminate memberships for abuse or fraud.

12. SUBSCRIPTION BILLING. Recurring membership fees are charged automatically each billing cycle until cancelled. Pricing changes are disclosed before taking effect. Cancel anytime by calling (314) 449-1055, effective at the end of the current cycle; no partial refunds except as required by law.

13. GIFT CARDS. Gift cards don't expire and carry no dormancy fees, per the federal CARD Act. They aren't redeemable for cash except as Missouri law requires. Lost/stolen cards may be replaced at Darba's discretion with proof of purchase. Darba isn't liable for unauthorized use.

14. REFUND POLICY. Given food's perishable nature, sales are generally final. Darba will consider a refund, credit, or remake where Darba cancelled the order, an item was prepared incorrectly or not fulfilled, or a substantiated food-safety issue exists—report within 48 hours to (314) 449-1055. Approved refunds post within ~10 business days.

15. FOOD ALLERGIES & DIETARY INFO. Our kitchen handles common allergens and can't guarantee any item is allergen-free despite reasonable precautions. Menu labels (vegetarian, vegan, gluten-friendly) are guidance, not a guarantee. Customers with allergies must inform staff before ordering. Darba disclaims liability for allergic reactions except for its gross negligence or willful failure to honor an accepted restriction.

16. CUSTOMER RESPONSIBILITIES. You must provide accurate order/account/payment information, review charges, oversee your dining party's conduct, cover any property damage your party causes, and safeguard your account, gift card numbers, and membership access.

17. PROHIBITED CONDUCT. You may not: violate law; submit false information; scrape or bot the Website; disrupt or seek unauthorized access to our systems; harass staff or customers; misuse gift cards, promo codes, or membership benefits; or file bad-faith chargebacks. Violations may cause refused service, cancellation, or termination.

18. INTELLECTUAL PROPERTY. The Darba name, logo, trade dress, and Website content are owned by Darba or its licensors and protected under U.S. IP law. No commercial use, reproduction, or derivative use is permitted without written consent.

19. WEBSITE CONTENT. Darba strives for accuracy but doesn't warrant that Website content (menus, hours, pricing, promotions) is always current, error-free, or that the Website will be uninterrupted. Third-party links aren't controlled by Darba.

20. USER ACCOUNTS. Certain Services may require an account. You're responsible for your credentials and all account activity and must promptly report unauthorized use.

21. PROMOTIONS & DISCOUNTS. Promo codes and discounts follow their specific disclosed terms, are generally limited to one per order/customer, cannot be combined unless stated, have no cash value, and may be modified or revoked.

22. PAYMENT PROCESSING. Payments are processed through Clover and its partners in a PCI DSS–compliant manner; Darba doesn't store full card numbers. You warrant you're authorized to use the payment method provided. Darba may decline or require an alternate method for flagged transactions.

23. CHARGEBACKS. Contact Darba at (314) 449-1055 before disputing a charge with your issuer. Bad-faith chargebacks for properly fulfilled orders may cause account suspension and recovery of the amount, fees, and collection costs; Darba may contest chargebacks with proof of fulfillment.

24. SMS & EMAIL COMMUNICATIONS. Providing your phone/email means consenting to transactional messages about your order, account, or membership. Marketing SMS/email requires separate opt-in under the TCPA and CAN-SPAM Act; reply STOP to opt out of texts or use the unsubscribe link in emails.

25. PRIVACY. Our collection and use of personal information is governed by our Privacy Policy, incorporated by reference, including sharing necessary data with processors like Clover, delivery providers, and messaging platforms solely to provide the Services.

26. LIMITATION OF LIABILITY. To the extent Missouri and federal law permit, Darba isn't liable for indirect, incidental, special, consequential, or punitive damages. Total liability for any claim is capped at the greater of amounts paid for the transaction at issue in the preceding 180 days or $100, except where liability can't lawfully be limited (e.g., gross negligence or willful misconduct).

27. DISCLAIMER OF WARRANTIES. The Website and Services are provided "as is"/"as available," without warranties except those that can't be disclaimed under Missouri law.

28. INDEMNIFICATION. You agree to defend and indemnify Darba against claims from your violation of these Terms, misuse of the Services, violation of law or third-party rights, or inaccurate/fraudulent information you submit.

29. FORCE MAJEURE. Darba isn't liable for delays or failures from events beyond its reasonable control (acts of God, severe weather, pandemic, labor or supply disruptions, government action, outages, cyberattacks) and will use reasonable efforts to notify, reschedule, substitute, or refund as appropriate.

30. GOVERNING LAW. These Terms are governed by Missouri law and, where applicable, the Federal Arbitration Act; subject to Section 32, exclusive venue for court proceedings is St. Louis, Missouri.

31. DISPUTE RESOLUTION. Contact us first at (314) 449-1055 to resolve disputes informally; if unresolved within 30 days of written notice, either party may proceed under Section 32.

32. ARBITRATION & CLASS ACTION WAIVER. Except for small claims or IP disputes, unresolved disputes go to binding, individual arbitration under the AAA Consumer Arbitration Rules in St. Louis or remotely, applying Missouri law; Darba pays required consumer arbitration fees. Class, consolidated, and representative actions, and jury trials, are waived to the extent permitted by law. If the class waiver proves unenforceable for a dispute, this arbitration section is void for that dispute, which proceeds in court under Section 30. Opt out by written notice within 30 days of first accepting these Terms.

33. SEVERABILITY. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions stay in force.

34. CHANGES TO THESE TERMS. Darba may update these Terms anytime; the date above reflects the latest revision. Material changes to membership billing or arbitration terms will be communicated by reasonable means. Continued use after changes take effect is acceptance; if you disagree, stop using the Services and cancel any active membership.

35. CONTACT. Darba Restaurant, 2219 Gravois Ave, St. Louis, MO 63104 | (314) 449-1055 | https://darbarestaurant.com. Written legal notices, including arbitration opt-outs under Section 32, must go to this mailing address.