Terms and Conditions of Use

 

Effective Date: May 23, 2025

 

Welcome to Take Out PH, a mobile application and service platform operated by Kenneth G. Navarro Enterprises, OPC, with its principal office located at Eslava Building (WJV Inn Baltan Extension), Baltan St., San Miguel, Puerto Princesa City, Palawan. These Terms and Conditions (“Terms”) govern your use of the Take Out PH app, website, services, and platform (collectively, the “Service”).

 

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms in full, you may not use the Service.

 

1. Definitions

 

• “Take Out PH” refers to the food delivery app owned and operated by Kenneth G. Navarro Enterprises, OPC.

• “User” refers to any individual or legal entity who accesses or uses the Service.

• “Partner Restaurant” refers to food and beverage establishments registered and authorized to offer food through the app.

• “Rider” refers to the delivery personnel affiliated with or contracted by Take Out PH or its partners.

• “App” refers to the mobile application available on iOS and Android.

• “Account” refers to a registered user profile on the app.

 

2. Eligibility and User Responsibility

 

To use the Service, you must be:

 

• At least 18 years old or the age of majority in your location.

• Legally capable of entering into binding contracts under Philippine laws.

• Agreeing to provide accurate, current, and complete information during registration.

 

You are responsible for:

 

• Maintaining the confidentiality of your account credentials.

• All activities that occur under your account.

• Updating your information to ensure it remains accurate and current.

 

3. Services Provided

 

Take Out PH provides a platform that connects users with partner restaurants and independent delivery riders to place food orders for delivery or pick-up. The app also offers features such as:

 

• Real-time order tracking

• In-app communication with riders

• Payment gateway integration for cash and digital transactions

 

Take Out PH acts only as an intermediary and does not directly prepare, handle, or sell food.

 

4. Order Processing and Fulfillment

 

4.1 Placing an Order

 

 

When placing an order, you agree that:

 

• All details are correct and complete (address, phone, order items).

• You will be available to receive the delivery within the time frame provided.

 

4.2 Restaurant Responsibilities

 

Partner Restaurants are solely responsible for:

 

• Food preparation

• Packaging

• Ensuring quality and safety standards are met

  Take Out PH is not liable for issues related to food quality, safety, or allergies.

 

4.3 Delivery Timeframes

 

Delivery time estimates are provided for convenience and may vary due to traffic, weather, or operational delays. We strive to meet these timeframes, but they are not guaranteed.

 

5. Payments and Charges

 

5.1 Pricing

 

Prices of menu items, delivery fees, and service charges are displayed clearly in the app. By placing an order, you agree to the total amount.

 

5.2 Payment Methods

 

We accept:

 

• Cash on delivery (COD)

• GCash, Maya, or other e-wallets

• Debit/credit cards via our payment gateway

 

All payments are final once confirmed unless subject to refund under Section 6.

 

6. Cancellations and Refunds

 

6.1 User-Initiated Cancellations

 

You may cancel an order if:

 

• The restaurant has not yet accepted the order

• The rider has not picked up the food

  Cancellations may not be accepted after the food is being prepared or en route.

 

6.2 Refunds

 

Refunds may be issued for:

 

• Incorrect or missing items

• Non-delivery

• Payment errors or system malfunctions

 

Refunds must be requested within 24 hours of the transaction and will be processed after investigation. Refunds are returned via the original payment method or app credit, at Take Out PH’s discretion.

 

7. Prohibited Conduct

 

You agree not to:

 

• Use the app for fraudulent purposes

• Harass, abuse, or threaten riders, restaurant staff, or customer service agents

• Use false identities or impersonate others

• Engage in unlawful activities or violate third-party rights

• Attempt to reverse-engineer, hack, or disrupt the Service

 

Violation of these terms may result in account suspension or permanent ban, and legal action when appropriate.

 

8. Privacy and Data Use

 

We collect and process personal information in accordance with our Privacy Policy and the Data Privacy Act of 2012. Your data is used to:

 

• Fulfill and track your orders

• Improve service quality

• Communicate promotions or updates (with your consent)

 

You have rights to access, correct, and delete your data, and to lodge a complaint with the National Privacy Commission.

 

9. Intellectual Property Rights

 

All content in the app, including logos, text, graphics, design, and software, is the property of Take Out PH or its licensors. You may not:

 

• Copy, modify, or distribute any content without our permission

• Use our trademarks or branding without written consent

 

10. Service Availability

 

We aim to provide uninterrupted access to our app, but we do not guarantee availability or that the service will be error-free. The app may be temporarily unavailable for maintenance or technical reasons without notice.

 

11. Termination

 

We reserve the right to:

 

• Suspend or terminate your account for violations of these Terms

• Remove access to the app for suspected fraud, abuse, or misuse

  You may also terminate your account at any time by contacting customer support.

 

12. Disclaimers and Limitations of Liability

 

• Take Out PH is not liable for food preparation, allergens, or contamination.

• We are not responsible for losses caused by delivery delays or force majeure events (e.g., natural disasters, public unrest).

• Our liability is limited to the amount you paid for a specific order in dispute.

 

13. Amendments to Terms

 

We may revise these Terms from time to time. Any changes will be posted in the app, and your continued use of the Service will constitute acceptance of the revised Terms.

 

14. Governing Law and Jurisdiction

 

These Terms are governed by the laws of the Republic of the Philippines. Any legal disputes shall be filed in the proper courts of Puerto Princesa City, Palawan.

 

15. Contact Information

 

If you have questions or concerns regarding these Terms and Conditions, you may contact us at:

Take Out PH

Eslava Building (WJV Inn Baltan Extension), Baltan St., San Miguel, Puerto Princesa City, Palawan

takeout_ph@kgn.enterprises