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The Terms and Conditions set out below are to be applied to the use of engkanto.com.ph (the “Website”). Napa Gapa Beverages Corp. (hereinafter referred to as “ENGKANTO” or the “Company”), owns, manages and operates the ENGKANTO brand and all such products associated to it, including the Website.
The following Terms and Conditions constitute an agreement between you (“User”) and ENGKANTO. By accessing the Website, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions.
By creating an account, or otherwise ordering through the Website, the User undertakes to provide accurate, complete and current information. The User may be asked to provide personal information or a password for the purpose of processing the account creation or product order. The User should keep said password confidential. In case of knowledge or belief that the User’s user details or password has been breached or compromised, the User should undertake to change its password at the soonest possible time.
By placing an order to purchase alcoholic products from the Website, the User represents and warrants that he or she is at least 18 years of age. The User must possess a valid credit card, debit card or electronic wallet and shall provide the necessary billing information including without limitation, the credit card number, the expiration date of credit card, billing address, and shipping information in order for the purchase to be processed. The User shall allow ENGKANTO’s duly authorized third-party payment processing provider to receive and process said billing information for the limited purpose of processing the payment. ENGKANTO and/or its third-party payment processing provider reserve the right to refuse processing an order in case of failure to obtain authorization for payment or when reasonable grounds or suspicion exist to indicate that the transaction is fraudulent.
The User shall also provide accurate, current, and complete delivery information and shall allow ENGKANTO’s duly authorized third-party logistics provider to receive and process the delivery information for the limited purpose of delivering the User’s orders.
In case of deliveries of alcoholic products, ENGKANTO or its third-party logistics provider may require proof of identification and age from the User or its authorized representative at the time of delivery. If there is no individual who is at least 18 years of age or older or can provide a valid ID showing that he or she is of legal age, ENGKANTO or its third-party logistics provider may refuse to release or deliver alcoholic products.
ENGKANTO and its third-party logistics provider reserves the right to refuse to deliver alcoholic products for any other reason, including but not limited to, refusing service to individuals who are visibly intoxicated or to specific locations for safety reasons.
By purchasing ENGKANTO’s products, the User undertakes not to engage in the online re-sale, distribution, manufacture, alteration of such products, including but not limited to counterfeit goods, unauthorized mixture, combination or preparation of ENGKANTO products with other third party products or raw materials, and unlicensed repackaging or rebranding, which may be in violation of the copyright, trademark, or other intellectual property rights of ENGKANTO or such other third parties.
The User agrees to defend, indemnify and hold harmless ENGKANTO, any of its affiliates, officers, or agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney’s fees, arising out of or in connection with the User’s violation of the foregoing undertaking.
Availability of Platform and Services
ENGKANTO strives to ensure that information posted on its Website is accurate. ENGKANTO, however, does not guarantee that the information contained in the Website is updated, accurate, complete, error-free, and reliable. Errors, interruptions, delays in the Website or mistakes in the product description, availability, or pricing may occur from time to time and ENGKANTO does not guarantee that any such defects or errors in the Website will be timely corrected. ENGKANTO reserves the right to suspend or withdraw the whole or any part of the Website, and to correct any errors or inaccuracies at any time without notice and without incurring any liability.
All contents and features, and all proprietary information and material displayed on the Website (“ENGKANTO Content”) are the exclusive property of ENGKANTO. The User may not modify any of the materials from or in the Website and the User may not copy, adapt, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any images, data or work contained on the Website.
Unless stated otherwise, all trademarks, service marks and trade names used in the Website (“ENGKANTO Marks”), including but not limited to ENGKANTO, are registered and owned by the Company. The User may not use, copy, adapt, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without ENGKANTO’s prior written consent.
Users are not granted any license or right in or to the ENGKANTO Content and/or ENGKANTO Marks.
ENGKANTO reserves the right to change the prices of the products in the Website at any time without prior notice to the Users.
Purchased products may be replaced or refunded only if proven to have been delivered with defects without any fault or intervention from the buyer or User.
ENGKANTO, at its discretion, may hold contests, sweepstakes, and promotions from time to time. The covered products, User’s eligibility to participate, duration, and other terms and conditions of such activities shall be at the sole discretion of ENGKANTO. ENGKANTO reserves the right to modify or terminate the promotions at any time in accordance with the appropriate regulatory requirements.
Third Party Websites
The Website may contain links to other websites or information provided by third parties from time to time. ENGKANTO does not warrant or represent the accuracy or suitability of the information or links provided on the Website, including information provided by third parties.
Limitation of Liability
The Company, any of its affiliates, officers, agents or any other party involved in developing or creating the Website shall not be liable for any direct, indirect, special, consequential, incidental, exemplary or other damages arising out of or in connection with (i) any error, incompleteness, or inaccuracy of information on the Website; (ii) any delay, non-delivery, or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Company or its suppliers; (iii) unavailability of the Website or inaccessibility of any information or content in the Website; and (iv) the services offered by third party providers in connection with the payment for, shipping, deliver and suppliers of materials and other accessories of the ENGKANTO products.
Termination and Indemnity
ENGKANTO reserves the right to suspend the User’s account in case of breach of the Terms and Conditions. Access to the Website may also be terminated at any time without notice. The User agrees to defend, indemnify and hold harmless the Company, any of its affiliates, officers, or agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney’s fees, arising from the User’s use of and access to the Website, or any violation of the Terms and Conditions or such other third party right, such as but not limited to intellectual property or privacy right, or to any claim that the User’s use of the Website caused damage to a third party.
The User grants to ENGKANTO a non-exclusive license to use, reproduce, distribute, or repost information submitted to ENGKANTO or the Website, such as but not limited to product queries, reviews, comments or suggestions.
Information contained in the Website are provided ‘as is’ and, except to the extent required by law, are without warranties of any kind, including but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.
The Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Philippines. In the event that any provision of the Terms and Conditions is held to be void, invalid, unlawful or unenforceable, said provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of the Terms and Conditions will remain in full force and effect.
ENGKANTO reserves the right to modify the Terms and Conditions from time to time without prior notice. Any amendments to the Terms and Conditions shall be immediately effective once published in the Website.
ENGKANTO may be reached through firstname.lastname@example.org or 0917 835 7743.