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FLUSK Terms and Conditions

Effective date: 12 September 2026

PLEASE READ THESE TERMS CAREFULLY BEFORE USING FLUSK.

These Terms and Conditions govern your access to and use of the FLUSK website, application and reusable workplace beverage service.

FLUSK is operated by SANA Dinagat Cafe, trading as FLUSK, with its business address at Purok 3, Sta. Cruz, San Jose, Dinagat Islands Province, Caraga Region, Philippines.

Contact:
Email: info@flusk.com
Telephone: +63 956 631 0486

By creating a FLUSK Account, starting a Subscription, purchasing Credits, placing an Order or otherwise using FLUSK, you agree to these Terms.

1. Contractual Relationship

1.1 FLUSK

In these Terms, "FLUSK", "we", "us" and "our" refer to SANA Dinagat Cafe trading as FLUSK. "You" and "your" refer to the person using FLUSK or, where relevant, the organization purchasing FLUSK services.

1.2 The FLUSK Service

FLUSK provides a reusable workplace beverage service. The FLUSK Service may include:

  • access to the FLUSK website or application
  • beverage and food entitlements
  • an assigned reusable flask
  • personalization or engraving
  • storage of your flask
  • professional cleaning
  • collection of the assigned reusable flask
  • circulation of clean flasks
  • delivery to the designated Drop-Off Point
  • ordering and account services
  • other related services described in the FLUSK application or website

These elements together form the FLUSK Service. Individual features may vary by person, location, building, Subscription, Service Package or promotion.

1.3 Supplemental terms

Some parts of FLUSK may have additional terms, including:

  • promotional offers
  • referral programs
  • corporate plans
  • particular Service Packages
  • building-specific arrangements
  • special events
  • new products or features

Those additional terms form part of your agreement with FLUSK for the relevant service. If specific supplemental terms conflict with these Terms, the specific terms apply to that service or offer to the extent of the conflict.

1.4 Formation of a contract

Displaying a Subscription, Service Package, Top-Up, product or other offer does not by itself create a binding contract. When you submit a purchase, you make an offer to purchase the relevant FLUSK service. A contract is formed when FLUSK accepts the purchase and confirms it through the application, website, email or another agreed communication method. FLUSK may decline a purchase where reasonably necessary, including because of:

  • lack of service capacity
  • product unavailability
  • payment failure
  • suspected fraud
  • an obvious pricing or technical error
  • inability to service the selected location
  • legal or regulatory requirements

If FLUSK declines a purchase after payment has been collected, the affected payment will be refunded in accordance with applicable laws and regulations.

1.5 Obvious errors

FLUSK may correct obvious pricing, Credit, menu or technical errors. If an error materially affects a purchase that you have already made, we will notify you and offer an appropriate remedy, which may include allowing you to proceed on the corrected terms or providing a refund.

2. Accounts and Eligibility

2.1 FLUSK Account

You may need a FLUSK Account to use the FLUSK Service.

You must provide accurate, complete and current information.

You are responsible for keeping your Account information and login credentials secure.

Notify FLUSK promptly if you believe your Account has been accessed without authorization.

2.2 Age

You must be at least 18 years old or otherwise have legal capacity to enter into the relevant contract to create a paid FLUSK Subscription.

2.3 Personal Accounts

Unless FLUSK expressly permits otherwise, a personal FLUSK Account belongs to one individual and should not be transferred to another person. Certain features may allow you to order for another person, gift Credits or nominate an authorized person. Those features may have additional conditions.

2.4 Serviceable locations

FLUSK operates only at selected locations. You may be required to select your:

  • country
  • city or municipality
  • company
  • building
  • workplace
  • Drop-Off Point

Creating an Account does not guarantee that FLUSK is available at your location. FLUSK may limit or pause new Subscriptions where operational capacity has been reached.

3. Subscription

3.1 Subscription requirement

Access to the FLUSK Service may require an active recurring Subscription. The Subscription fee, billing period and included benefits will be displayed before you subscribe. A Subscription may include:

  • access to FLUSK ordering
  • use of the reusable FLUSK system
  • flask assignment
  • personalization
  • storage
  • cleaning
  • collection
  • delivery services
  • included Credits or other benefits where specified

3.2 Automatic renewal

Unless stated otherwise, your Subscription renews automatically at the end of each billing period until you cancel it. By starting a Subscription, you authorize FLUSK and its payment providers to charge the applicable Subscription fee to your selected payment method at each renewal.

3.3 Renewal date

Your renewal date will be shown in your Account. FLUSK may make reasonable adjustments to a renewal date where necessary because of payment processing, calendar dates or changes requested by you.

3.4 Cancelling your Subscription

You may cancel your Subscription at any time.

Cancellation stops the next scheduled renewal.

Cancellation does not immediately terminate your current paid Subscription period.

You continue to have access to FLUSK until the end of the period for which you have already paid.

During that period, you may continue to place Orders and use available Credits.

3.5 What happens when your Subscription ends

At the end of your final paid Subscription period:

  • your Membership becomes inactive
  • you can no longer place new Orders unless you reactivate your Subscription
  • unused Purchased Credits will be refunded in accordance with Section 8
  • promotional, bonus, complimentary or Subscription-included Credits will not be refundable
  • FLUSK may require the return of any service FLUSK assigned to you

3.6 Failed payments

If a recurring payment fails, FLUSK may:

  • retry the payment
  • ask you to update your payment method
  • temporarily restrict new Orders
  • suspend renewal of the Subscription

Where practicable, FLUSK will give you a reasonable opportunity to correct the payment issue. Failure of a renewal payment does not remove access already paid for during the current Subscription period.

3.7 Subscription price changes

FLUSK may change Subscription fees from time to time. A price change will not affect a Subscription period that has already been paid for. Where a price increase affects your next renewal, FLUSK will notify you before the new price is charged and you may cancel before that renewal.

4. Credits and Top-Ups

4.1 Credits

FLUSK Credits measure your entitlement to eligible products within the FLUSK Service. Credits are not legal tender and are not a bank deposit or general-purpose payment instrument. Credits:

  • may only be used within FLUSK
  • cannot be used with another merchant
  • may have different purchase prices depending on the package, promotion, market or time of purchase
  • may only be transferred where FLUSK expressly provides a gifting or transfer feature
  • cannot ordinarily be withdrawn as cash except through a refund available under these Terms or required by law

4.2 Top-Ups

An active Member may purchase additional Credits through a Top-Up. A Top-Up increases the Member's available beverage entitlements within the FLUSK Service. Top-Ups are separate from the recurring Subscription fee unless expressly stated otherwise.

4.3 Purchased Credits

Credits obtained through a paid Top-Up are "Purchased Credits". Purchased Credits do not expire while your Subscription remains active unless a different treatment is expressly disclosed and permitted by law.

4.4 Subscription Credits

A Subscription may include a specified number of Credits as part of the recurring Subscription fee. Where Subscription Credits are provided for a particular billing period, they may expire at the end of that billing period if this is clearly disclosed as part of the Subscription. Subscription Credits do not normally create a separate cash refund entitlement.

4.5 Promotional Credits

FLUSK may issue promotional, bonus, referral, loyalty or complimentary Credits. Promotional Credits may have:

  • eligibility conditions
  • usage restrictions
  • expiry dates where permitted by law
  • specific products against which they may be redeemed

Any material conditions will be disclosed when the promotional Credits are issued. Promotional Credits are not normally redeemable for cash.

4.6 Changes in Credit requirements

The number of Credits required for future Orders may vary by product, location or menu. A change in the number of Credits required for a product does not change the number of Credits already held in your Account.

5. Orders

5.1 Placing Orders

Available products, Credit prices, delivery windows and ordering cut-offs are displayed through FLUSK. You may be able to schedule an Order hours, days or weeks in advance. An Order becomes confirmed when FLUSK accepts it and provides confirmation.

5.2 Product availability

Products remain subject to availability. If an item becomes unavailable, FLUSK may offer a suitable substitute. FLUSK will not knowingly substitute a materially different product where the substitution would materially affect its price, dietary characteristics, allergen information or nature without your agreement. If no suitable substitute is available, the Credits used for that item will be restored or another appropriate remedy will be provided.

5.3 Customer responsibility

Before confirming an Order, you are responsible for checking:

  • the products selected
  • quantity
  • delivery date
  • delivery window
  • Drop-Off Point
  • relevant dietary selections or modifiers

6. Delivery

6.1 Drop-Off Points

FLUSK delivers Orders to designated workplace Drop-Off Points. Available Drop-Off Points and delivery windows are determined by your location.

6.2 Completion of delivery

Delivery is completed when the Order is delivered to the designated FLUSK Drop-Off Point. FLUSK remains responsible for the Order until delivery is completed.

6.3 Delivery windows

Delivery times are target windows rather than guarantees to the exact minute. Traffic, weather, security procedures, building access, transport disruption and other circumstances may affect delivery times. If a delay attributable to FLUSK materially affects the suitability of a food or beverage product, contact us so that we can provide an appropriate remedy.

6.4 Missed deliveries

You are responsible for providing accurate delivery information. Where delivery cannot be completed because:

  • incorrect information was provided
  • building access is refused for reasons outside FLUSK's control
  • you changed location without updating your Order
  • personal receipt was required and no appropriate recipient was available
  • another circumstance within your reasonable control prevents delivery

FLUSK may treat the Order as fulfilled where it had already been prepared and delivery was reasonably attempted.

7. Your Reusable Service Flask

7.1 Part of the FLUSK Service

A "Reusable Service Flask" may be assigned to you as part of your Subscription and the FLUSK Service. The Reusable Service Flask enables FLUSK to prepare, deliver, collect, clean, store and recirculate beverages through the reusable FLUSK system. Unless FLUSK expressly sells a flask to you as standalone merchandise, a Reusable Service Flask is provided for your use as part of the FLUSK Service and is not sold to you separately.

7.2 Ownership

Your Reusable Service Flask remains the property of FLUSK at all times unless FLUSK expressly transfers ownership to you. Assignment, possession, engraving, personalization or use of a Reusable Service Flask does not transfer ownership to you. You may not sell, transfer, pledge, dispose of or otherwise treat a Reusable Service Flask as your property. This does not apply to a flask that you have expressly purchased from FLUSK as standalone merchandise.

7.3 Personalization

Members will normally be assigned a new Reusable Service Flask personalized for them, for example through engraving or another personalization method offered by FLUSK. Personalization forms part of the FLUSK Service and does not change ownership of the Reusable Service Flask. Where FLUSK needs to permanently replace your personalized Reusable Service Flask because of a defect, damage attributable to FLUSK or another operational reason, we will use reasonable efforts to provide a replacement with equivalent personalization.

7.4 Temporary and Generic Service Flasks

Your initial personalized Reusable Service Flask will be new.

There may be circumstances where your personalized Reusable Service Flask is unavailable, including because it is being collected, cleaned, inspected, replaced or otherwise processed within the FLUSK system.

In those circumstances, FLUSK may provide you with a clean and inspected temporary or generic reusable flask (a "Temporary Service Flask") so that you can continue using the FLUSK Service without interruption.

A Temporary Service Flask may previously have been used within the FLUSK system. Before being provided to another Member, it will be professionally cleaned, inspected and prepared for reuse in accordance with FLUSK's operating procedures.

A Member may also choose to use a generic Reusable Service Flask instead of receiving a personalized flask where FLUSK offers that option.

Use of a Temporary Service Flask does not change your entitlement to your personalized Reusable Service Flask once it becomes available again.

Minor cosmetic signs of normal prior use on a Temporary Service Flask, such as small marks or scratches that do not materially affect its safety or proper use, do not by themselves make it defective.

7.5 Storage, collection and cleaning

FLUSK may retain custody of Reusable Service Flasks between uses so that we can:

  • collect used flasks
  • professionally clean and sanitize them
  • inspect them
  • store them
  • prepare them for future Orders
  • maintain the reusable FLUSK system

You must return or exchange a Reusable Service Flask or Temporary Service Flask through the process provided for your location.

7.6 Replacement and temporary substitution

FLUSK may temporarily substitute your personalized Reusable Service Flask with a Temporary Service Flask where reasonably necessary for:

  • cleaning or hygiene
  • inspection
  • maintenance
  • damage or defects
  • loss prevention
  • product safety
  • operational requirements
  • service continuity
  • another reasonable purpose connected with operating the FLUSK Service

Your entitlement is to the FLUSK Service and, where included in your Subscription, a personalized Reusable Service Flask. Temporary substitution does not permanently remove that entitlement. FLUSK may permanently replace your personalized Reusable Service Flask where it is lost, damaged, defective or otherwise unsuitable for continued use.

7.7 Defective or worn Reusable Service Flasks

While your Subscription is active, FLUSK will replace without charge a Reusable Service Flask that becomes defective or unusable through normal and reasonable use. This includes a Reusable Service Flask that:

  • develops a material manufacturing defect
  • can no longer safely be used for its intended purpose
  • becomes unusable through ordinary wear and tear
  • was materially damaged or defective when supplied
  • was incorrectly personalized because of FLUSK's error

Normal cosmetic wear does not by itself make a Reusable Service Flask defective or create an entitlement to replacement. This includes scratches, scuffs, discoloration or other cosmetic marks that do not materially affect the safety, hygiene, functionality or intended use of the flask.

FLUSK may, at its discretion, replace a Reusable Service Flask for cosmetic reasons even where replacement is not otherwise required under this Section.

FLUSK may provide a Temporary Service Flask while a permanent replacement is being prepared.

Nothing in this Section limits any statutory consumer right that applies to you.

7.8 Your responsibility for the flask

You are responsible for taking reasonable care of any Reusable Service Flask or Temporary Service Flask while it is in your possession. You must not:

  • deliberately damage it
  • use it for a purpose for which it was not designed
  • place hazardous, unlawful or inappropriate substances in it
  • materially modify it
  • remove or interfere with identifying or tracking features
  • attempt repairs that may compromise its safety or ability to be professionally cleaned
  • dispose of it as though it were your own property (in instances where ownership has not been transferred to you)

Normal wear and tear arising from ordinary use does not breach this Section.

7.9 Lost, unreturned or damaged flasks

FLUSK may charge a reasonable replacement or non-return fee where a Reusable Service Flask or Temporary Service Flask is:

  • lost while in your possession
  • not returned following reasonable requests from FLUSK
  • deliberately damaged
  • materially damaged through misuse, neglect or use outside its intended purpose
  • modified in a way that makes it unsuitable for continued safe use

The applicable fee will be displayed or otherwise communicated to you before it is charged where reasonably practicable. Normal wear and tear does not attract a replacement charge.

7.10 Replacement fees do not transfer ownership

A replacement, loss or non-return fee compensates FLUSK for the missing or damaged flask and the reasonable costs associated with replacing it. Payment of such a fee does not convert the original Reusable Service Flask or Temporary Service Flask into purchased merchandise or transfer ownership of it to you. If a lost or unreturned flask is subsequently recovered, it remains the property of FLUSK. FLUSK may, where appropriate, refund or adjust a replacement fee if the original flask is subsequently returned in usable condition.

7.11 Returning your flask when Membership ends

When your Subscription ends, you must return any Reusable Service Flask or Temporary Service Flask in your possession through the return process specified by FLUSK. FLUSK will provide reasonable instructions for return or collection. If you do not return the flask after reasonable notice and an opportunity to do so, FLUSK may charge the applicable replacement or non-return fee. The obligation to return FLUSK property survives cancellation or termination of your Subscription.

7.12 Safety and hygiene concerns

If you reasonably believe that a Reusable Service Flask or Temporary Service Flask:

has not been properly cleaned

is damaged

is unsafe to use

has an unusual smell or contamination

otherwise appears unsuitable for use

do not use it. Contact FLUSK so that we can replace and inspect it. FLUSK's obligations concerning food safety, hygiene and consumer protection are not limited by this Section.

7.13 Standalone merchandise

FLUSK may separately sell flasks, accessories or other merchandise. Where the checkout or product description expressly states that an item is being sold to you, ownership of that product will pass in accordance with the applicable sale terms and law. Standalone merchandise may be subject to separate return, warranty and product terms.

8. Prices, Payments, Taxes and Statutory Discounts

8.1 Prices

Prices may be displayed in Philippine pesos, Credits or both. Unless stated otherwise, consumer prices include applicable Philippine taxes.

8.2 Payments

FLUSK may accept:

  • payment cards
  • electronic wallets
  • bank transfers
  • corporate funding arrangements
  • other payment methods displayed through FLUSK

You authorize FLUSK and its payment providers to process amounts that you approve, including recurring Subscription charges you have authorized.

8.3 Taxes

The FLUSK Subscription, Top-Ups and related benefits form part of the FLUSK Service. Unless an exemption or other statutory treatment applies, FLUSK will charge and account for applicable Philippine VAT and other taxes as required by law. FLUSK will issue the invoice or other tax document required by applicable law.

8.4 Senior Citizen and PWD benefits

FLUSK respects statutory benefits available to qualifying Senior Citizens and Persons with Disability in the Philippines. Where a Subscription, Service Package, Top-Up or other qualifying FLUSK purchase is legally entitled to a Senior Citizen or PWD discount or VAT exemption, FLUSK will apply the treatment required by law. You may be required to verify your eligibility.

8.5 Personal use of statutory benefits

Senior Citizen and PWD benefits are subject to applicable personal-use requirements. A purchase receiving a personal statutory benefit must not be transferred, resold or used to obtain a statutory benefit for another person where this would breach applicable law.

8.6 Voluntary benefits

FLUSK may offer Senior Citizens, PWDs or other customer groups commercial benefits beyond those required by law.

8.7 No double discounts

Where applicable law prevents the combination of statutory and promotional discounts, FLUSK will apply the discount or benefit required by law.

9. Cancellation and Refund Policy

9.1 Subscription cancellation

You may cancel your Subscription at any time.

Unless your Subscription expressly includes a minimum commitment period, cancellation will stop your next scheduled renewal and your Subscription will remain active until the end of the billing period you have already paid for.

Cancellation stops the next renewal.

The Subscription fee for the current paid billing period is not normally refunded on a pro-rata basis solely because you cancel before the end of that period.

You continue to receive the FLUSK Service until the paid period ends.

9.2 First Subscription and wholly unused purchases

FLUSK may provide a refund of an initial Subscription or wholly unused paid Service Package where:

  • the request is made within seven days of purchase
  • no Credits associated with the purchase have been used
  • no Order has been fulfilled
  • personalization or engraving has not begun
  • no material individualized part of the service has been performed

This does not limit any statutory rights.

9.3 Top-Up refunds while Membership is active

A wholly unused paid Top-Up may be eligible for a refund if requested within seven days of purchase. Partly used Top-Ups are not normally refundable while your Subscription remains active, except where required by law or FLUSK agrees otherwise.

9.4 Refund of Purchased Credits when Membership ends

When your Subscription ends, FLUSK will refund the unused paid value attributable to remaining Purchased Credits. The refund will be based on the purchase value recorded by FLUSK for those unused Purchased Credits, not the current selling price of Credits. Promotional, bonus, complimentary and Subscription-included Credits are excluded from this cash refund.

9.5 Cancellation of scheduled Orders

You may cancel or amend a scheduled Order until the cancellation cut-off displayed for that Order. If an Order is cancelled before the cut-off, the Credits used will be restored automatically. After the cut-off, preparation may already have started. Where a perishable food or beverage Order has already entered preparation, FLUSK does not restore Credits or provide a refund.

9.6 Wrong product, date or delivery information

You are responsible for reviewing an Order before confirming it. A refund is not normally available solely because you:

  • selected the wrong product
  • selected the wrong date
  • selected the wrong delivery window
  • entered an incorrect location
  • are no longer present at the selected location

This applies after the relevant cancellation cut-off and does not limit statutory rights.

9.7 System and payment errors

If a FLUSK or payment-processing error causes:

  • an unintended duplicate charge
  • an unintended duplicate Order
  • an incorrect Credit deduction
  • another confirmed billing error

FLUSK will correct the error through a refund, charge reversal, restoration of Credits or another appropriate adjustment. Two Orders separately submitted and confirmed by the customer are not treated as a system-generated duplicate solely because they contain the same items.

9.8 FLUSK-cancelled Orders

If FLUSK cancels an Order before delivery for reasons not attributable to you, the Credits used will normally be restored. Where Credit restoration is not appropriate, FLUSK may provide a replacement, refund or another remedy.

9.9 Incorrect, missing, unsafe or defective Orders

Contact FLUSK if an Order is:

  • missing
  • materially incorrect
  • materially different from what was ordered
  • unsafe
  • defective
  • incorrectly charged
  • materially delayed so that the product is no longer reasonably suitable for consumption

Depending on the circumstances, FLUSK may: replace the product, restore Credits, provide a monetary refund, or provide another remedy required by law.

9.10 Allergens

If FLUSK provides materially incorrect allergen information and this affects your Order, contact us immediately. We will investigate the matter as a food-safety issue and provide any appropriate refund, replacement or other remedy.

9.11 Refund requests

To help us investigate a refund request, we may ask for:

  • your Account information
  • Order number
  • purchase or delivery date
  • delivery window
  • a description of the issue
  • photographs or screenshots where relevant

Food and beverage issues should be reported as soon as reasonably possible, preferably within 48 hours, so that we can investigate while relevant information remains available. This requested reporting period does not remove any statutory rights.

9.12 Refund processing

Approved monetary refunds will normally be returned through the original payment method where practicable. FLUSK will aim to initiate an approved refund within five business days. Your bank, card issuer or payment provider may require additional time to make the funds available.

10. Promotions, Referrals and Codes

10.1 Promotions

FLUSK may offer:

  • promotional pricing
  • referral benefits
  • bonus Credits
  • launch offers
  • discount codes
  • assistant codes
  • other rewards

Specific promotions may have separate terms.

10.2 Promotional conditions

Promotions must be used for their intended purpose and audience. Unless expressly permitted, promotional benefits may not be:

  • sold
  • duplicated
  • publicly distributed for commercial purposes
  • exchanged for cash
  • transferred between Accounts
  • combined with another offer where the relevant promotion prohibits combination

10.3 Self-referral and misuse

You must not obtain referral or promotional benefits through:

  • self-referral
  • duplicate Accounts
  • false identities
  • manipulation of referral links or codes
  • automated activity
  • other fraudulent or abusive conduct

FLUSK may reverse promotional benefits reasonably determined to have been obtained through error, fraud or misuse.

10.4 Ending a promotion

FLUSK may change or end a promotion prospectively. This will not remove benefits that have already become an unconditional paid customer entitlement.

11. Corporate and Employer-Funded Accounts

11.1 Corporate arrangements

Employers and other organizations may pay for or contribute to FLUSK services for employees. Corporate arrangements may include:

  • company-funded Subscriptions
  • employee allowances
  • company-funded Credits
  • spending limits
  • designated buildings
  • company-specific menus
  • consolidated invoicing
  • administrative ordering
  • eligibility rules

11.2 Enterprise agreements

A company may have a separate written agreement with FLUSK. Where a signed enterprise agreement conflicts with these Terms in relation to the corporate service, the enterprise agreement applies to that corporate relationship, subject to rights that cannot legally be waived.

11.3 Company-funded Credits

Credits funded by an employer or organization may be governed by the relevant corporate plan. Such Credits may be:

  • limited to particular employees
  • restricted to certain products
  • subject to company spending policies
  • withdrawn when employment or eligibility ends
  • returned to the organization rather than refunded to the employee

Any Credits that you personally purchased remain subject to the personal refund rules in these Terms.

11.4 Purchase orders and customer terms

A purchase order or other standard terms issued by a corporate customer do not amend these Terms or an enterprise agreement unless FLUSK expressly agrees to the amendment in writing.

12. Food, Beverages and Allergens

12.1 Product information

FLUSK provides available product descriptions, ingredients and dietary information through the FLUSK Service. Recipes and ingredients may change.

12.2 Allergies and dietary requirements

If you have an allergy, intolerance or other dietary requirement, review the information available before ordering. Contact FLUSK where you need further information. Unless FLUSK expressly states that a product is prepared in an allergen-free environment, we cannot guarantee the complete absence of traces resulting from shared preparation or handling environments. Nothing in these Terms limits FLUSK's legal obligations concerning food safety or product quality.

13. Use of the Website and Application

13.1 Licence

Subject to these Terms, FLUSK grants you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the FLUSK website and application for the purpose of using the FLUSK Service. No ownership in the FLUSK software or platform is transferred to you.

13.2 Restrictions

You may not:

  • copy or commercially exploit FLUSK software or content without permission
  • reverse engineer, decompile or disassemble the application except where applicable law expressly permits it
  • scrape, crawl, index or systematically extract FLUSK data without permission
  • bypass or interfere with security controls
  • gain or attempt to gain unauthorized access to FLUSK systems
  • introduce malicious code
  • interfere with the operation of the FLUSK Service
  • use automated systems to manipulate Credits, Orders, referrals or promotions
  • infringe FLUSK's or another person's intellectual property rights

13.3 Intellectual property

The FLUSK name, trademarks, logos, designs, website, application, software, content, product names and other intellectual property belong to FLUSK or its licensors unless stated otherwise. No right to use FLUSK branding for commercial purposes is granted by these Terms.

13.4 Third-party services

FLUSK may rely on or link to third-party services, including:

  • payment providers
  • mapping services
  • communication providers
  • App Stores
  • authentication services

Those services may be governed by their own terms. FLUSK is not responsible for third-party content or systems that it does not control, except to the extent applicable law provides otherwise.

13.5 App Stores

If you obtain the FLUSK application through Apple, Google or another App Store, applicable App Store terms may also apply. Your agreement for the FLUSK Service remains between you and FLUSK.

13.6 Devices and connectivity

You are responsible for the compatible device, internet connection and mobile data required to access FLUSK. The FLUSK Service may experience interruptions or delays inherent in internet and electronic communications.

14. Acceptable Use

You must use FLUSK lawfully and reasonably. You must not:

  • impersonate another person
  • create fraudulent Accounts
  • use another person's Senior Citizen or PWD entitlement unlawfully
  • misuse promotions or Credits
  • harass FLUSK employees, couriers, customers or other persons
  • intentionally damage FLUSK property
  • use FLUSK to conduct unlawful activity
  • create safety risks
  • interfere materially with FLUSK operations

FLUSK may investigate suspected misuse.

15. Privacy and Communications

15.1 Privacy

FLUSK processes personal information in accordance with applicable Philippine privacy law and the FLUSK Privacy Notice. Personal information may be processed for purposes including:

  • Account creation
  • Subscription management
  • payments
  • ordering
  • deliveries
  • FLUSK assignment and tracking
  • customer support
  • Senior Citizen or PWD verification
  • fraud prevention
  • legal and tax compliance
  • operation and improvement of FLUSK

Please read the FLUSK Privacy Notice for further information.

15.2 Sensitive information

Where FLUSK requires government identification or other sensitive personal information to verify a statutory benefit, FLUSK will process that information for lawful purposes and subject to appropriate safeguards.

15.3 Transactional communications

FLUSK may send communications necessary to operate your Account and Subscription, including:

  • Order confirmations
  • delivery information
  • invoices
  • payment notices
  • renewal information
  • refund updates
  • security notices
  • service announcements
  • support messages

15.4 Marketing

FLUSK may send marketing communications where permitted by law and subject to applicable consent requirements. You may opt out of marketing communications using the method provided. Opting out of marketing does not stop transactional communications necessary to provide the FLUSK Service.

16. Suspension and Termination

16.1 Suspension by FLUSK

FLUSK may temporarily restrict or suspend an Account where it reasonably believes this is necessary because of:

  • payment failure
  • suspected fraud
  • serious or repeated breach of these Terms
  • misuse of statutory discounts
  • promotion or referral abuse
  • repeated non-return of FLUSKs
  • unlawful activity
  • security threats
  • food or personal safety risks
  • material interference with FLUSK systems

Where practicable, FLUSK will explain the reason and provide a reasonable opportunity to resolve the issue.

16.2 Immediate action

FLUSK may act immediately where delay could reasonably create:

  • fraud
  • financial loss
  • security risk
  • harm to another person
  • unlawful activity
  • serious disruption to the FLUSK Service

16.3 Termination by FLUSK

FLUSK may terminate your Subscription or Account for a serious or repeated breach of these Terms. FLUSK may also discontinue a service, location or Subscription for legitimate business, operational, legal or regulatory reasons. Where practicable, reasonable notice will be provided.

16.4 FLUSK ending the service

If FLUSK permanently ends your service for reasons unrelated to your breach, FLUSK will provide an appropriate adjustment for paid services that can no longer be used. This may include:

  • refunding the unused portion of a Subscription
  • refunding unused Purchased Credits
  • transferring service to another eligible location
  • another reasonable remedy

16.5 Termination by you

You may stop using FLUSK at any time. Ending an Account does not remove payment or return obligations already incurred. Cancellation of a recurring Subscription follows Section 3.

17. Consumer Rights, Complaints and Liability

17.1 Consumer rights

Nothing in these Terms excludes, restricts or reduces rights that cannot legally be excluded under Philippine law. Where goods or services are defective, lost without your fault, materially incorrect or fail to conform to the applicable contract or warranty, you may be entitled to repair, replacement, refund or another remedy.

17.2 Complaints

If you have a complaint, contact: info@flusk.com

Please provide enough information for us to identify the Account, Order and issue.

FLUSK will maintain an accessible complaint process and will seek to resolve complaints promptly.

Nothing in these Terms prevents you from exercising rights available through the Department of Trade and Industry, another competent authority or the courts after applicable internal redress requirements have been met.

17.3 FLUSK's responsibility

FLUSK is responsible for losses directly resulting from FLUSK's breach of these Terms or legal obligations to the extent required by law.

17.4 Indirect losses

To the extent permitted by law, FLUSK is not responsible for indirect or consequential losses that were not reasonably foreseeable when the relevant transaction was entered into.

17.5 Matters outside FLUSK's reasonable control

FLUSK is not responsible for delay or failure caused by circumstances outside its reasonable control, including:

  • severe weather
  • natural disasters
  • government restrictions
  • building closures
  • transport disruption
  • power failures
  • communications failures
  • civil emergencies
  • other comparable events

Where such an event prevents FLUSK from fulfilling a paid Order or service, FLUSK will determine an appropriate remedy, which may include rescheduling, replacement, restoration of Credits or refund.

17.6 Liability that cannot be excluded

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including applicable liability arising from:

  • fraud
  • deliberate misconduct
  • defective products
  • food-safety obligations
  • death or personal injury where liability is imposed by law
  • mandatory consumer protections

18. Changes to FLUSK and These Terms

18.1 Changes to the service

FLUSK may change:

  • menus
  • products
  • Credit requirements
  • delivery windows
  • Drop-Off Points
  • serviceable locations
  • operating hours
  • Subscription options
  • Service Packages
  • application features

Changes will not retrospectively remove paid customer entitlements without an appropriate remedy.

18.2 Changes to these Terms

FLUSK may update these Terms because of changes to:

  • the FLUSK Service
  • law or regulation
  • security requirements
  • technology
  • operating processes
  • business requirements

Material changes that adversely affect your existing rights will be communicated through the application, website, email or another reasonable method before they take effect where practicable. Changes apply prospectively. The version of the Terms applicable when a purchase is made governs that purchase unless applicable law requires otherwise.

19. Notices

FLUSK may provide notices through:

  • the FLUSK application
  • the FLUSK website
  • email
  • SMS
  • another contact method associated with your Account

You are responsible for keeping your contact details current. You may provide formal notices to FLUSK using the contact details set out at the end of these Terms.

20. Governing Law and Disputes

These Terms are governed by the laws of the Republic of the Philippines.

Where a dispute arises, we encourage you to contact FLUSK first so that we can attempt to resolve it through our internal complaints process.

Nothing in these Terms restricts any right you may have to bring a complaint before the Department of Trade and Industry or another competent authority.

Any court proceedings will be subject to the jurisdiction of the competent courts of the Philippines.

21. General Provisions

21.1 Assignment

You may not transfer your contractual rights or obligations under these Terms to another person without FLUSK's consent, except where applicable law provides otherwise. FLUSK may transfer these Terms and related rights and obligations to:

  • an affiliate
  • a successor business
  • a purchaser of FLUSK or relevant FLUSK assets
  • another entity as part of a corporate reorganization

Any transfer must respect applicable law and existing consumer rights.

21.2 No partnership or agency

Use of FLUSK does not create an employment, partnership, joint venture or agency relationship between you and FLUSK.

21.3 Severability

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply.

21.4 No waiver

If FLUSK does not enforce a provision on one occasion, this does not prevent FLUSK from enforcing it later.

21.5 Entire agreement

These Terms, together with:

  • the FLUSK Privacy Notice
  • applicable Subscription terms
  • promotional terms
  • Service Package terms
  • referral terms
  • any applicable enterprise agreement

form the agreement governing your use of FLUSK.

21.6 Order of precedence

Where documents conflict:

  • a signed enterprise agreement governs the relevant corporate relationship
  • specific supplemental terms govern the relevant promotion, product or service
  • these Terms govern the general FLUSK relationship

Mandatory legal rights always prevail where they cannot lawfully be modified.

22. Contact FLUSK

Questions, cancellations, refunds and complaints can be directed to:

SANA Dinagat Cafe

Trading as FLUSK

Purok 3, Sta. Cruz

San Jose, Dinagat Islands Province

Caraga Region

Philippines

Email: info@flusk.com

Telephone: +63 956 631 0486

© 2026 Flusk. All rights reserved. Questions? Email info@flusk.co.