Terms of Service

These Terms of Service (“Terms”) govern your use of the websites and mobile applications provided by Enstack (or referred to as “us”) (collectively the “Channels”). Please read these Terms carefully. By accessing and using the Channels, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Channels. If you do not agree to or fall within the Terms, please do not use the Channels.
The Channels may be used by (i) natural persons who have reached eighteen (18) years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
Buyers below the age of eighteen (18) must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Channels and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Channels immediately.
Enstack reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
1. Enstack
1.1 Who we are
Depending on which Channel you access and use, these Terms form the contract between you and the following Enstack entities:
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Enstack Philippineswww.enstack.ph
Enstack Vietnam www.enstack.vn
1.2 What we do
Through our Channels, Enstack links you to the merchants (“Merchants”) for you to order a variety of goods which includes, but is not limited to, food and non-food items, as well as avail of services hereinafter collectively referred to as "Goods/Services") to be delivered to you. When you place an order for Goods/Services from our Merchants (“Order”), Enstack acts as an agent on behalf of that Merchant to facilitate, process, and conclude the order. Either the Merchant or Enstack’s third party logistics partners, will deliver your Order to you. Merchants may be owned and operated by third-party vendors, our affiliate companies, or us.
1.3 How to contact us
For customer support, you may reach out to us via email at hi@enstack.com. 
2. Use of the Channels and Enstack Account
2.1 You may navigate and process their orders in the Channels without need of creating an Enstack account. Upon checkout of your Order, we will ask you to provide your personal information, including your full name, shipping address, e-mail address, and mobile phone number (hereinafter collectively referred as “Buyer’s Details”). 

We reserve the right to request further information or documentation from you to comply with our legal obligations. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card and other personal details as may be necessary. 
2.2 Enstack shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect, or missing information provided by you. You are obliged to provide information that is complete, accurate, and truthful for the proper processing of the Order, including your delivery address and contact information.
3. Restrictions
3.1 Activities Prohibited on the Channels
You may not access or use the Channels for any purpose other than that for which the Channel makes it available. The Channels are for the personal use of the Buyers only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Channels.

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Channels. Enstack reserves the right to investigate and take appropriate legal action against anyone who, in Enstack's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:
3.1.1 using the Channels for any purpose in violation of local, state, or federal laws or regulations;
3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Enstack in its sole discretion or pursuant to local community standards;
3.1.4 posting content that constitutes cyber-bullying, as determined by Enstack in its sole discretion;
3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
3.1.6 posting telephone numbers, street addresses, or last names of any person;
3.1.7 posting URLs to external websites or any form of HTML or programming code;
3.1.8 posting anything that may be “spam,” as determined by Enstack in its sole discretion;
3.1.9 impersonating another person when posting content;
3.1.10 harvesting or otherwise collecting information about others, including email addresses, without their consent;
3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;
3.1.12 harassing, threatening, stalking, or abusing any person on the Channels;
3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Enstack exposes Enstack or any of its customers, suppliers, or any other parties to any liability or detriment of any type;
3.1.14 encouraging other people to engage in any prohibited activities as described herein; or
3.1.15 any other prohibited activities as may be listed in our Acceptable Use Policy, which is incorporated by reference herein and accessible on our website.
3.2 Enstack reserves the right but is not obligated to do any or all of the following:
3.2.1 investigate an allegation that any content posted on the Channels does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
3.2.3 suspend or terminate a Buyer’s access to the Channels upon any breach of these Terms;
3.2.4 monitor, edit, or disclose any content on the Channels; and
3.2.5 edit or delete any content posted on the Channels, regardless of whether such content violates these standards.
4. Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the Channels or in our marketing material, whether registered or unregistered, are the intellectual property of Enstack and/or third parties who have authorised us to use their trademarks, logos, images, and service marks (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Enstack's trademarks on any other website not approved by us is strictly prohibited. Enstack will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Enstack neither warrants nor represents that your use of materials displayed on the Channels will not infringe rights of third parties not owned by or affiliated with Enstack. Use of any materials on the Channels is at your own risk.
5. Restrictions on Goods
5.1 Some of the Goods we offer on our Channels are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from. These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to process the purchase made by you based on the relevant statutory requirements of the time being in force.
5.2 Alcohol / Alcoholic Products (“Alcohol”)
To purchase Alcohol, you must be of the statutory legal age. Enstack, the Merchant, our Third-Party Logistics Partners, and their delivery riders, as the case may be, reserve the right in their sole discretion:
5.2.1 to ask for a valid proof of age (e.g. ID card) from any person upon delivery of Alcohol;
5.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or
5.2.3 to refuse delivery to any person for any reason whatsoever.
5.3 Vape/E-Cigarettes/Cigarettes/Tobacco Products (“Tobacco”)
5.3.1 We may offer Tobacco on some of our Channels where the laws allow it. By offering Tobacco for sale on our Channels, we do not purport to advertise, promote or encourage the purchase or use of Tobacco in any way.
5.3.2 To purchase Tobacco, you must be of the statutory legal age. Enstack, the Merchant, our Third-Party Logistics Partners, and their delivery riders, as the case may be, reserve the right in their sole discretion:
5.4 Any offer for any Alcohol and Tobacco made on the Channels is void when it is prohibited by law.
6. Orders
6.1 When you place an Order with Enstack, Enstack will confirm your order by sending you a confirmation message either via electronic mail (email) and/or short message service (SMS) containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
6.2 Special Instructions – Enstack and the Merchant (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, Enstack and/or the Merchant reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Enstack nor the Merchant shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
6.3 Allergens – Enstack is not obligated to provide ingredient information or allergen information on the Channels. Further, Enstack does not guarantee that the Goods sold by Merchants are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Merchant before placing an Order on our Channels.
6.5 Please note that your Order may be subject to additional terms and conditions provided by the Merchant.
6.6 You are required to provide a delivery address in order to proceed to checkout.
6.7 Cancelling an Order
If you wish to cancel your order, kindly contact us at hi@enstack.com. You reserve the right to cancel your Order, provided that the Merchant has not yet shipped your Order to the shipping address you provided.
6.8 Refunds
  • Online Payment Orders
    You have the right to a refund for a cancelled Order only if the Merchant has not yet shipped your Order. The Orders that are already shipped should be cancelled first by the Merchant or our Third Party Logistics Partner, as the case may be, prior to the refunding of the Buyer’s online payment.
  • Cash-on-Delivery Orders (“COD”)
    You have the right to cancel your Cash-on-Delivery (COD) Order only if a Merchant has not yet prepared the shipping of the COD Order. Enstack may only process the refund of shipped Orders when no actual item was received by the Buyer. All other reasons or causes for refund shall be requested and coursed through the Merchant concerned.
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    If you are entitled to a refund in accordance with the refund and cancellation policies set out in these Terms, you agree that:

    The default mode of refund for Orders in which payments were done through a credit card, debit card or COD method will be a refund to the original payment method. The amount approved for refund to you shall be at Enstack’s sole discretion, taking to consideration the shipping and payment fees incurred. For Orders in which payments were made through COD, we will request you to designate a bank account and the refund will be processed to that account. Please note that the refund to the original payment method, including refund to credit card or debit card, may take up to forty-five (45) days.

    Where the purchase was made using any other online payment method like GCash or Maya we will credit the refund to the same online payment method.

    We may require you to provide additional information or supporting documents prior to processing any refund, including pictures of the physical receipts for Customer Pickup Orders. We may, in our sole discretion, refuse to process any refund if you fail to provide such additional information or supporting documents.

    If you have not received a refund, you may wish to check your bank account again or contact your credit card company or bank as it may take some time for your refund to be published. If you still have not received your refund, please contact customer support via one of the methods set out in Clause 1.3 above.
6.9 Enstack reserves the right to cancel any Order a its sole discretion if it reasonably suspects or detects fraudulent behavior with your Order.
7. Prices and Payments
7.1 Prices quoted on the Channels shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Channels may vary from the prices and you accept the offers offered by our Merchants (either on their own websites, mobile applications, or at their brick-and-mortar outlets).
7.2 The way we display the prices of our Goods may vary depending on the Merchant, and the prices reflected on our Channels may:
7.2.1 include GST, VAT or such other equivalent tax; or
7.2.2 exclude GST, VAT or such other equivalent tax.
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A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
7.3 Delivery fees are chargeable on every Order unless:
7.3.1 you have a valid promotional or discount voucher and apply it at Checkout; or
7.3.2 unless stated otherwise.
7.4 Prices indicated on the  Channels are as at the time of each Order and may be subject to change.
7.5 You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:
7.5.1 Our payment partners: Gcash, Maya, GrabPay, Unionbank Direct Debit, and BPI.
7.5.2 COD; or
7.5.3 Such other payment methods we offer from time to time.
7.6 After an Order is successfully placed, you will receive an email/SMS confirmation from us with your Order receipt.
7.7 Payment Methods

Enstack reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card / payment information will be stored with our third-party payment service provider(s) for future orders. Enstack does not store your credit card or payment information.
7.8 You must ensure that you have sufficient funds on your credit and debit card to fulfill payment of an Order. Insofar as required, Enstack takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations, and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
8. Third Party Logistics Partners’ Delivery, Customer Pick-Up and Merchant Own Shipping
8.1 Delivery Areas

You understand that our Merchants offer their Goods in specific delivery areas and our Merchants vary from delivery area to delivery area. By entering your delivery address on the  Channels, you will see the available shipping options available based on your location. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.
8.2 Unsuccessful or Failed Deliveries
8.2.1 In cases where Enstack’s Shipping Partners or the Merchant’s Own Shipping attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:
  • no one was present or available to receive the Order;
  • customer was uncontactable despite attempts to reach the customer via the phone number provided;
  • lack of appropriate or sufficient access to deliver the Order successfully;
  • lack of a suitable or secure location to leave the Order; or
  • in the case of Restricted Goods, the customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.
8.2.2 No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, Enstack’s shipping partners or the Merchant’s Own Shipping, as the case may be, reserves the right to cancel the Order without refund or remedy to you.
8.3 Wrong Order/Service, Missing Items, Defective Goods/Services
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order/service, defective order/services, or missing items) please contact customer support via the method indicated in Clause 1.3 above immediately. In some cases, Enstack may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order, Services and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
8.4 Customer Pick-Up
8.4.1 Where available, you will have the option of collecting your Order in-person directly from the Merchant’s premises instead of having the Order delivered to You. You may contact the Merchant directly for your intended pick-up date and time. 
8.4.2 Enstack is not liable for the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Merchant before leaving the Merchant’s premises.
8.5 Merchant Own Shipping
In some cases, our Merchants will deliver the Order to you (“Merchant Own Shipping”). While we will use reasonable efforts to provide prior notice to you on Merchant’s Own Shipping, this may not always be possible. Where Merchant Delivery applies, we may ask you to contact the Merchant directly in the event of issues or delays in your delivery. Enstack shall not be responsible in any way for Orders or Goods that are delivered by Merchants.
9. Vouchers, Discounts and Promotions
9.1 From time to time, Enstack may run marketing and promotional campaigns which offer cashbacks, voucher codes, discounts, and other promotional offers to be used on the Channels (“Vouchers”). Vouchers are subject to validity periods, and redemption periods, and in certain cases, may only be used once.
9.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.
9.3 Unless otherwise stated, Vouchers can only be used on our Channels.
9.4 Vouchers cannot be exchanged for cash.
9.5 Enstack reserves the right to void, discontinue or reject the use of any Voucher without prior notice. Individual restaurants’ terms & conditions apply.
9.6 Enstack may, at its sole discretion, exclude certain Merchants from the use of Vouchers at any time without prior notice to you.
10. Representations, Warranties and Limitation of Liabilities
10.1 Representations and Warranties
You acknowledge and agree that the content on the Channels is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Channels and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While Enstack makes reasonable efforts to ensure the provision of the Channels and the services we offer, are available at all times, we do not warrant or represent that the Channels shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Channels due to scheduled or regular system maintenance work, downtimes attributable to the internet or electronic communications or events of force majeure. You agree that all risks arising from online transactions will be borne by you.
10.2 Limitation of Liability
To the extent permitted by law, Enstack (which shall include its employees, directors, agents, representatives, affiliates and parent company) excludes all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third-party may incur in connection with our Channels, our services, and any website linked to our Channels and any content or material posted on it. Your exclusive remedy with respect to your use of the Channels is to discontinue your use of the Channels. The Enstack entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Channels or for any other claim related in any way to your use of the Channels. These exclusions for indirect, special, consequential, and exemplary damages including, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Enstack entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Enstack, the Enstack entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.
10.3 Merchant’s representations
Enstack shall neither be liable for actions or omissions of the Merchant nor you in regard to provision of the Goods and where Merchant Delivery applies to your Order. Enstack does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Merchants or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Merchant’s listing/offering on the Channel. Nothing in these Terms shall exclude Merchant’s liability for death or personal injury arising from Merchant’s gross negligence or willful misconduct.
11. Merchant Liability
Merchants are responsible for the preparation, condition and quality of Goods. In cases of Merchant Delivery, Merchants are responsible for delivery of the Goods and/or Orders. Enstack shall not be liable for any loss or damage arising from your contractual relationship with the Merchant.
12. Personal Data (Personal Information) Protection
You agree and consent to Enstack and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy: https://ph.enstack.com/legal-docs/privacy-policy/
13. Indemnity
You agree to indemnify, defend, and hold harmless Enstack, its directors, officers, employees, representatives, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising out of or in connection with any of the following:
  • your use of the Channels, Services, in your dealings with any third parties, including, but not limited to, the Merchants, delivery agents, and other users of the Channels;
  • your breach of these Terms or any applicable law or regulation;
  • your violation of any rights of any third-party; or
  • your misuse of the Services and/or the Channel.
14. Third-Party Links and Websites
The Channels may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. Enstack does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. Enstack accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.
15. Termination
Enstack has the right to terminate, suspend or delete your Enstack Account and access to the Channels, including any delivery service we provide to you in respect of an Order, with immediate effect for any reason, including, without limitation, if Enstack, in its sole discretion, considers your use to be unacceptable, or in case of noncompliance or serious suspicion of non-compliance with the applicable laws, including, but not limited to, anti-money laundering and terrorist financing laws and regulations, or in the event of any breach by you of the Terms Enstack may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Channels.
16. Amendments
Enstack may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Channels. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Channels immediately.
17. Assignment
These Terms, as may be modified from time to time, may not be assigned by you without the prior written approval of Enstack. Enstack may assign these Terms, whether in whole or in part, to any third-party, including its affiliates or related entities, without your consent.
18. Severability
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect. No waiver of any provision in these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
19. Governing Law
These Terms shall be governed and construed in accordance with the laws of the country / courts of jurisdiction in which the relevant Enstack entity is incorporated as set out in the table below. The following courts will have jurisdiction over any dispute or claim arising out of or in connection with the use of the Channels:
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Enstack.ph; Republic of the Philippines
Enstack.vn; Socialist Republic of Vietnam
20. Contact Us
If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email at hi@enstack.com
20.5 We reserve the right, but are not obligated, to restrict or limit the sales of our Goods to any person, geographic region or jurisdiction. Due to the laws in some countries, we shall not offer for sale certain goods, or restricted items to you (e.g. alcohol, tobacco, etc.). Any offer for any Goods made on the Channels is void when it is prohibited by law.
21. Prevailing Language
In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.