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Terms and condition



These terms of use explicitly delineate your rights and responsibilities when utilizing the Take Out Express app. This encompasses the utilization of our website, www.takeoutexpress.online (referred to as the “Website”), and the application "Take Out Express App" utilized for accessing the services we provide (referred to as the “App”). Together, the Website and the App are referred to as the “Platform”. It is strongly recommended that you carefully review all terms of use before engaging with our service. By clicking "I Agree", you authorize us to register you as a Registered User, and you agree to abide by all the terms and conditions outlined herein.

1. General Terms

1.1. By accessing and placing an order with Take Out Express, you affirm that you are in compliance with and bound by the terms of service outlined in the Terms & Conditions below. These terms are applicable to the entire website and any communication, including emails, between you and Take Out Express.

Under no circumstances shall the Take Out Express team be held liable for any direct, indirect, special, incidental, or consequential damages, including but not limited to loss of data or profit, arising from the use or inability to use the materials on this site, even if the Take Out Express team or an authorized representative has been advised of the possibility of such damages. Should your use of materials from this site result in the need for equipment or data servicing, repair, or correction, you assume any associated costs.

1.2. Take Out Express will not be held accountable for any outcomes arising during the utilization of our resources. We reserve the right to adjust prices and revise the resource usage policy at any time.

2. License

2.1. Take Out Express grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and utilize the app strictly in accordance with the terms outlined in this Agreement.

2.2. These Terms & Conditions constitute a contractual agreement between you and Take Out Express (referred to as "Take Out Express", "us", "we", or "our"), the provider of the Take Out Express website and the services accessible from it (collectively referred to as the "Take Out Express Service").

By agreeing to these Terms & Conditions, you consent to be bound by them. If you do not agree to these Terms & Conditions, please refrain from using the Take Out Express Service. In these Terms & Conditions, "you" refers to both you as an individual and the entity you represent. Violation of any of these Terms & Conditions may result in the cancellation of your account or the blocking of access to your account without prior notice.

 

3. Meanings

For these Terms & Conditions:

  • Cookie: A small amount of data generated by a website and saved by your web browser. It is utilized to identify your browser, provide analytics, and remember information about you, such as your language preference or login information.
  • Company: When this policy mentions “Company,” “we,” “us,” or “our,” it refers to Take Out Express, located at San Manuel, Puerto Princesa City, Palawan, responsible for your information under these Terms & Conditions.
  • Country: The location where Take Out Express or its owners/founders are based, in this case, the Philippines.
  • Device: Any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Take Out Express and utilize its services.
  • Service: Refers to the service provided by Take Out Express as described in the relevant terms (if available) and on this platform.
  • Third-party service: Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we believe may interest you.
  • Website: Take Out Express's site, which can be accessed via this URL.
  • You: A person or entity registered with Take Out Express to use the Services.

4. Restrictions

You agree not to, and you will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the app or make the platform available to any third party.
  • Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the app.
  • Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Take Out Express or its affiliates, partners, suppliers, or the licensors of the app.

This Platform is maintained and handled by the Take Out Express app.

5. Terms of Service

5.1. Take Out Express app shall not be liable for any defects in food. Take Out Express app, in case of determination of price and product availability, does so autonomously.

5.2. All prices and availability are determined by the merchants. Any additional charges applicable, such as container charges, restaurant charges, etc., are managed and controlled by the merchants.

5.3. Take Out Express app shall not deliver items to areas outside the scope of the service. Upon adding the address, Take Out Express app shall determine such delivery availability.

5.4. You shall provide accurate directions and information to the delivery executive at the time of delivery. If a delay occurs due to incorrect information provided, Take Out Express app shall not be held responsible, and you shall bear any associated cancellation or late delivery charges.

6. Account Registration

6.1. Before using the Service/s of Take Out Express app, a user must provide the following details: Name, Address, Email, Contact details, Age.

6.2. During registration, the Platform will send an OTP to the provided mobile number and email address. After verification, the account will be created.

6.3. Users can change their password, address, and contact details, with verification required for email and phone number changes, limited to three modifications.

6.4. Take Out Express app reserves the right to terminate or block accounts at any time, especially if the Platform is used for unauthorized purposes, without prior notice.

6.5. A user may only create one account with the same email address and mobile number.

6.6. Users can register through third-party verification, such as using a Gmail account, but must verify the third-party account within the app before placing orders.

6.7. Take Out Express app shall not be responsible for late delivery or cancellation due to incorrect user-provided information. Incorrect information may result in account deletion.

6.8. If an account is blocked or deleted, the user cannot create another account with the same number and email address.

6.9. A maximum of one account can be created per device. Creating more than two accounts may result in the app being blocked from the device.

7. Cancellation

7.1. Users are not entitled to cancel any order after it has been confirmed by the merchant. Any cancellation made thereafter will incur a cancellation fee equivalent to the order's value. This fee will be reflected in the App's outstanding section, and users must settle it before placing their next order.

7.2. Users may contact the customer executive of the Take Out Express app to cancel their order before confirmation. If unable to contact the customer executive, cancellation requests can be made via email.

7.3. Take Out Express app reserves the right to cancel a user's order under unavoidable circumstances. Such cancellations will be communicated by the app's customer executive via the provided mobile number. No cancellation fee will be charged in such cases, and users may place their order again.

7.4. If an ordered item is unavailable, Take Out Express app will inform the user, who can then choose either a refund (if payment has been made) or modify the order. Refunds will be processed within 7-10 working days to the original payment source.

7.5. If Take Out Express app cancels an order after 30 minutes of confirmation, the user will receive a Rs. 100 coupon, redeemable with their next order.

8. Refund

  1. Users are eligible for a full refund under the following conditions:

    • Received damaged food.
    • Food received after 60 minutes from order confirmation.
    • Food is completely burnt. No refund will be provided in any other situation
    • Refund policy applies only to orders paid via debit card/net banking/online platforms. Cash on delivery payments will be refunded to the user's app E-wallet, which can be used for future orders.

  2. To initiate a refund, users must provide photographs of the food and send them to the Take Out Express app's email address. Refunds will be processed within 24 hours.

  3. Before initiating a refund, Take Out Express app will confirm with the merchant and delivery personnel. If the food was not damaged or properly cooked, no refund will be issued.

9. Bookings and Financial Terms

9. The Platform allows users to place/cancel/modify orders by selecting merchants and their offered items.

9.1 Take Out Express app is not liable for the quality of food delivered by merchants.

9.2. Merchants must confirm orders within ten minutes. Failure to do so may result in order cancellation.

9.3. Users cannot cancel orders once confirmed by the merchant. Cancellations will incur a fine equivalent to the order's value.

9.4. Take Out Express app accepts payments online or via cash on delivery.

9.5. Orders from outside the Philippines must be paid using the specified payment methods and in Philippine currency.

10. Your Suggestions

10.1. Any feedback, comments, ideas, improvements, or suggestions ("Suggestions") provided by you to Take Out Express regarding the app shall remain the sole and exclusive property of Take Out Express.

10.2. Take Out Express is granted the freedom to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any manner without providing credit or compensation to you.

11. Your Consent

11.1 We have updated our Terms & Conditions to ensure complete transparency regarding the information collected when you visit our site and how it is utilized. By using our app, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

12. Links to Other Websites

12.1 These Terms & Conditions solely apply to the Services provided by Take Out Express. The Services may include links to external websites not operated or controlled by Take Out Express. We do not endorse the content, accuracy, or opinions expressed on such websites. These external websites are not monitored or investigated by us for accuracy or completeness. When you navigate to an external website from our platform, our Terms & Conditions are no longer applicable. Your interaction on any external website is subject to their individual rules and policies. Third parties may utilize their own cookies or methods to gather information about you.

13. Cookies

13.1. Take Out Express utilizes "Cookies" to track the areas of our website you have visited. A Cookie is a small data file stored on your computer or mobile device by your web browser. While non-essential for app usage, Cookies enhance the performance and functionality of our app. Disabling Cookies may result in certain functionalities becoming unavailable or requiring repeated login. We do not include Personally Identifiable Information in Cookies.

14. Changes To Our Terms & Conditions

14.1. You acknowledge and agree that Take Out Express may cease (permanently or temporarily) providing the Service or any features within the Service at our sole discretion, without prior notice. You may discontinue using the Service at any time without notifying us. If access to your account is disabled, you may be unable to access the Service or your account details. If any modifications are made to our Terms & Conditions, they will be posted on this page, and the modification date will be updated accordingly.

15. Modifications to Our App

15.1. Take Out Express reserves the right to modify, suspend, or discontinue the app or any connected service, temporarily or permanently, with or without notice and without liability to you.

16. Updates to Our App

16.1. Take Out Express may occasionally provide enhancements or improvements to the features/functionality of the app, including patches, bug fixes, updates, upgrades, and other modifications ("Updates").

16.2. Updates may alter or remove certain features/functionality of the app. You agree that Take Out Express is not obligated to provide any Updates or continue providing/enabling specific features/functionality of the app to you.

16.3. You further agree that all Updates are deemed integral to the app and subject to the terms and conditions of this Agreement.

17. Third-Party Services

17.1. We may display, include, or provide access to third-party content (including data, information, applications, and other products/services) or offer links to third-party websites or services ("Third-Party Services").

17.2. You acknowledge and agree that Take Out Express is not responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect. Take Out Express assumes no liability or responsibility to you or any other individual or entity for any Third-Party Services.

17.3. Third-Party Services and links to them are provided solely for your convenience, and you access and use them entirely at your own risk, subject to the terms and conditions of those third parties.

18. Term and Termination

18.1. This Agreement remains in effect until terminated by you or Take Out Express.

18.2. Take Out Express may, at its sole discretion, suspend or terminate this Agreement at any time and for any reason, with or without prior notice.

18.3. This Agreement terminates immediately, without prior notice from Take Out Express, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies from your device.

18.4. Upon termination of this Agreement, you must cease all use of the app and delete all copies from your device. Termination of this Agreement does not affect any rights or remedies Take Out Express may have under law or equity for any breach of your obligations under this Agreement.

19. Copyright Infringement Notice

19.1. If you are a copyright owner or an authorized agent and believe any material on our app infringes your copyright, please contact us with the following information: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the infringing material; (c) your contact information; (d) a statement that you have a good faith belief the use of the material is not authorized; and (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the owner.

20. Indemnification

20.1. You agree to indemnify and hold Take Out Express and its affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, arising from: (a) your use of the app; (b) violation of this Agreement or any law or regulation; or (c) violation of any third-party right.

21. No Warranties

21.1. The app is provided "AS IS" and "AS AVAILABLE" with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, Take Out Express disclaims all warranties, express or implied, regarding the app, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

21.2. Take Out Express makes no warranty or representation that the app will meet your requirements, achieve any intended results, be compatible with other software or services, operate without interruption, or be error-free. Neither Take Out Express nor its providers guarantee the operation or availability of the app, the accuracy or reliability of any information provided, or that the app is free of harmful components.

21.3. Some jurisdictions do not allow the exclusion of certain warranties or limitations on statutory rights, so some or all of these exclusions and limitations may not apply to you.

22. Limitation of Liability

22.1. Regardless of any damages you may incur, the total liability of Take Out Express and its suppliers under any provision of this Agreement, and your exclusive remedy for all such matters, shall be limited to the amount actually paid by you for the app.

22.2. To the maximum extent permitted by applicable law, Take Out Express and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, data, or other information, business interruption, personal injury, or loss of privacy arising out of or related to the use of or inability to use the app, third-party software, and/or hardware used with the app, or any provision of this Agreement), even if Take Out Express or any supplier has been advised of the possibility of such damages, and even if the remedy fails of its essential purpose.

22.3. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

23, Severability

23.1. If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be changed and interpreted to achieve the objectives of such provision to the fullest extent permitted by applicable law, and the remaining provisions shall continue in full force and effect.

23.2. This Agreement, along with the Privacy Policy and any other legal notices published by Take Out Express, constitutes the entire agreement between you and Take Out Express regarding the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Take Out Express's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

24. Waiver

24.1. Except as expressly provided herein, the failure to exercise a right or require performance under this Agreement shall not affect a party's ability to exercise such right or require performance at any time thereafter. The waiver of a breach shall not constitute a waiver of any subsequent breach.

24.2. No failure to exercise, and no delay in exercising, any right or power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, this Agreement shall govern.

25. Amendments to this Agreement

25.1. Take Out Express reserves the right to modify or replace this Agreement at its sole discretion. If a revision is material, we will provide at least 30 days' notice prior to the new terms taking effect. By continuing to access or use the app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Take Out Express.

26. Entire Agreement

26.1. This Agreement constitutes the entire agreement between you and Take Out Express regarding your use of the app and supersedes all prior written or oral agreements. Additional terms and conditions may apply when you use or purchase other services from Take Out Express.

27. Updates to Our Terms

28.1. We may update our Service and policies, and may need to revise these Terms accordingly. We will notify you of any material changes before they take effect. By continuing to use the Service after such changes, you agree to be bound by the updated Terms. If you do not agree, you may delete your account.

29. Intellectual Property

29.1. The app and all its contents, features, and functionalities (including, but not limited to, information, software, text, displays, images, video and audio, and their arrangement) are owned by Take Out Express, its licensors, or other providers of such material, and are protected by Philippines and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Take Out Express, unless expressly provided otherwise in these Terms & Conditions. Any unauthorized use of the material is prohibited.

30. Agreement to Arbitrate

30.1. This section applies to any dispute except for disputes relating to claims for injunctive or equitable relief regarding the enforcement or validity of your or Take Out Express's intellectual property rights. The term “dispute” means any dispute, action, or other controversy between you and Take Out Express concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

31. Notice of Dispute

31.1. In the event of a dispute, you or Take Out Express must give the other party a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: official.takeoutexpress@gmail.com. Take Out Express will send any Notice of Dispute to you by mail to your address if available, or otherwise to your email address. You and Take Out Express will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either party may commence arbitration.

32. Binding Arbitration

32.1. If you and Take Out Express don’t resolve a dispute through informal negotiation, any further effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. By agreeing to this provision, you are waiving your right to litigate (or participate in as a party or class member) disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect their rights or property pending the completion of arbitration. Legal, accounting, and other costs incurred by the prevailing party shall be borne by the non-prevailing party.

33. Submissions and Privacy

33.1. By submitting or posting any material on the app, you agree that such submissions become the sole property of Take Out Express without any compensation or credit to you. Take Out Express may use the ideas contained in such submissions for any purpose in any medium, including developing, manufacturing, and marketing products and services.

34. Promotions

34.1. Take Out Express may include contests, promotions, or other activities (“Promotions”) that require you to submit material or information concerning yourself. All Promotions may be governed by separate rules containing eligibility requirements. You are responsible for reading all Promotion rules to determine eligibility. By entering any Promotion, you agree to abide by all Promotion rules.

35. Typographical Errors

35.1. In the event of a typographical error in a product or service listing, we reserve the right to refuse or cancel any orders placed for the product or service listed at the incorrect price or with incorrect information. If your order is canceled, we will issue a credit to your payment account.

36. Miscellaneous

36.1. If any provision of these Terms & Conditions is found to be unenforceable, the remainder of the agreement will remain in full force and effect. Any waiver of any provision must be in writing and signed by an authorized representative of Take Out Express. Take Out Express reserves the right to pursue injunctive relief in case of breach by you. These Terms & Conditions constitute the entire agreement between you and Take Out Express regarding the app and supersede all prior agreements. The section headings are for convenience and have no legal import.

37. Disclaimer

37.1. Take Out Express is not responsible for any content or errors on the app. We do not provide warranties or guarantees. In no event shall Take Out Express be liable for any damages arising out of or in connection with the use of the Service. The app and its contents are provided "as is" and "as available" without any warranty or representation of any kind.

Contact Us

If you have any questions, please contact us via:

  • Email: support@takeoutexpress.net
  • Phone Number: 09095576634
  • Website: www.takeoutexpress.online