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Terms and conditions

Published: 29 July 2022

TERMS OF USE 

These terms of use (including all other terms, policies, notices, guidelines, and forms referenced herein or otherwise available on the Platform or by hyperlink) (“Terms”) govern your use of the websites and mobile applications provided by Delivery Hero (Singapore) Pte. Ltd. (or referred to as “foodpanda”, “we” or “us”) (collectively the “Platform”). The "Services" we provide or make available include (a) the Platform, and (b) the services provided by the Platform and/or by foodpanda and made available through the Platform. Any new features added to the Services are also subject to these Terms. These Terms govern your use of Services provided by foodpanda.

Please read these Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms and consent to the processing of your personal data in accordance with the terms set out in the Privacy Policy (https://www.foodpanda.sg/contents/privacy.htm). If you do not agree with the Terms, please do not access or use the Platform, or the Services.

The Platform may be used by (i) natural persons who have reached 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.

Users below the age of 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 Platform and/or purchase of Goods (as defined below). If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform immediately.

You agree and acknowledge that, as part of foodpanda’s policy and/or whenever it is deemed necessary, foodpanda and/or any third party engaged by foodpanda, may conduct Background Checks on you on an ongoing basis, without further reference or notice to you. “Background Checks” includes, without limitation, government or financial sanctions, civil or criminal litigation activities, adverse news. If foodpanda, in its sole discretion, is not satisfied with the results of the Background Checks, foodpanda may terminate your foodpanda account and/or use of the Platform.

foodpanda reserves the right to change or modify these Terms (including any additional terms and conditions or policies, which are published on the Platform and incorporated into these Terms) at any time. It is your responsibility to review the Terms regularly and you are strongly recommended to do so. You will be deemed to have agreed to the amended Terms (whether or not reviewed by you) by your continued use of the Platform following the date on which the amended Terms are posted.

All photos and images of the Goods shown on the Platform are also for illustrative purposes only and may differ from the actual Goods.

1 foodpanda

1.1 Who we are 

Depending on which Platform you access and use, these Terms form the contract between you and the following foodpanda entities:

1.2 What we do

Through our Platform, foodpanda links you to vendors (“Vendors”) for you to order a variety of goods including prepared meals, catering, beverages, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as (“Goods”) to be delivered to you. When you place an order for Goods from our Vendors (“Order”), foodpanda acts as an agent on behalf of that Vendor to facilitate, process and conclude the Order and subsequently for either us or the Vendor to deliver your Order to you. Vendors may be owned and operated by third party vendors, our affiliate companies, or us. Where the Vendors are operated by third party vendors, we are authorised by such Vendors to accept payment and any goods and services tax (“GST”) amounts (applicable to GST registered Vendors only) on their behalf.

1.3 How to contact us

For customer support, you may reach out to us via the Help Center available on the Platform or drop us an email at [email protected]

2 Use of the Platform and foodpanda Account

2.1 You will need to register for a foodpanda account for you to use the Platform. When you register for a foodpanda account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your foodpanda account are your sole responsibility.

2.2 foodpanda 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.

2.3 If you wish to delete your foodpanda account, please send us an email requesting the same. We may restrict, suspend or terminate your foodpanda account and/or use of the Platform, if we reasonably believe that:

2.3.1 someone other than you is using your foodpanda account;

2.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platform; or

2.3.3 you are unable to satisfy the results of the Background Checks on an ongoing basis.

3 Restrictions

3.1 Activities Prohibited on the Platform

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platform. foodpanda reserves the right to investigate and take appropriate legal action against anyone who, in foodpanda'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 Platform for any purpose in violation of local, state, or federal laws or regulations, including any false, deceptive, misleading, or fraudulent purpose;

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 foodpanda in its sole discretion or pursuant to local community standards;

3.1.4 posting content that constitutes cyber-bullying, as determined by foodpanda in its sole discretion;

3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behaviour;

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 foodpanda 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 Platform;

3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the sole discretion of foodpanda, exposes foodpanda or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

3.1.14 encouraging other people to engage in any prohibited activities as described herein.

3.2 foodpanda 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 Platform 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 user’s access to the Platform or their foodpanda account upon any breach of these Terms;

3.2.4 monitor, edit, or disclose any content on the Platform; and

3.2.5 edit or delete any content posted on the Platform, 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 Platform or in our marketing material, whether registered or unregistered, are the intellectual property of foodpanda and/or third parties who have authorised us with the use (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 the Trademarks on any other website not approved by us is strictly prohibited. foodpanda will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. foodpanda neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with foodpanda. Use of any materials on the Platform is at your own risk.

5 Restrictions on Goods

5.1 Some of the Goods we offer on our Platform 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 deliver to you based on the relevant statutory requirements of the time being in force. By placing an order for Restricted Goods, you confirm that you meet the legal requirements to purchase them.

5.2 Alcohol / Alcoholic Products (“Alcohol”) 

To purchase Alcohol, you must be of the statutory legal age. foodpanda, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:

5.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver 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 persons for any reason whatsoever.

5.3 Cigarettes/Tobacco Products (“Tobacco”)

We may offer Tobacco on some of our Platform where the laws allow. By offering Tobacco for sale on our Platform, we do not purport to advertise, promote or encourage the purchase or use of Tobacco in any way.

To purchase Tobacco, you must be of the statutory legal age. foodpanda, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion

5.3.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver Tobacco;

5.3.2 to refuse delivery if you are unable to prove you are of legal age; and/or

5.3.3 to refuse delivery to any persons for any reason whatsoever.

5.4 Any offer for any Alcohol and Tobacco made on the Platform is void when it is prohibited by law.

6 Orders

6.1 When you place an Order with foodpanda, foodpanda will confirm your Order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. GST etc.).

6.2 Minimum Order Value - Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.

6.3 Special Instructions – foodpanda and the Vendor (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, foodpanda and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither foodpanda nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.

6.4 Allergens – foodpanda is not obligated to provide ingredient information or allergen information on the Platform. Further, foodpanda does not guarantee that the Goods sold by Vendors are free of allergens, unless otherwise required by applicable laws. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platform.

6.5 Please note that your Order may be subject to additional terms and conditions provided by the Vendor.

6.6 Prior to placing the Order

6.6.1 You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.

6.6.2 Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart.

6.7 Placing the Order

To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.

6.8 Cancelling an Order

Please access the Help Centre on the Platform if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Vendor has not yet accepted your Order.

6.9 Refunds

(i) Online Payment Orders

You have the right to a refund for a cancelled Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.

(ii) Cash-on-Delivery Orders

You have the right to cancel your Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future Orders. This cash-on-delivery option is not applicable to the pandago Service (as defined below).

If you are entitled to a refund in accordance with the refund and cancellation policies set out in these Terms, you agree that:

a. Where the purchase was made using credit card, debit card and cash-on-delivery payment methods, we will issue refunds to your Pandapay Account by default. Please note such refunds will be processed in accordance with our Pandapay User Account Terms located at https://www.foodpanda.sg/contents/account-balance-policy. The Pandapay User Account Terms are supplemental and in addition to these Terms. Please read the Pandapay User Account Terms for more details.
 

b. Save as to purchases made using cash-on-delivery payment, we will credit the refund to the same online payment method used to make the purchase:
 

i) using any other online payment method, such as Paypal, Google Pay etc; or
 

ii) if you do not have a Pandapay Account.

We may require you to provide additional information or supporting documents prior to processing any refund, including picture proof of physical receipts for Pick-Up 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 posted. If you have done all of this and you still have not received your refund, please contact customer support via one of the methods set out in Clause 1.3 above.

6.10 foodpanda reserves the right to cancel any Order and/or suspend, deactivate or terminate your foodpanda account in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your foodpanda account and/or with your Order.

7 Prices and Payments

7.1 Prices quoted on the Platform shall be displayed in Singapore Dollars (“SGD”) and subject to applicable tax. You accept that prices and offers on the Platform may vary from the prices and offers offered by our Vendors elsewhere (including 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 Vendor, and, subject to applicable laws, the prices reflected on our Platform:

7.2.1 for GST registered Vendors, include GST or such other equivalent tax; or

7.2.2 for non-GST registered Vendors, do not include GST or such other equivalent tax.

7.3 Delivery fees are chargeable on every Order unless:

7.3.1 you opt to collect your Order directly from the Vendor (“Pick-Up”);

7.3.2 you have a valid promotional or discount voucher and apply it at checkout; or

7.3.3 it is stated otherwise.

7.4 Prices and additional charges (including but not limited to delivery, small order or service fees) indicated on the Platform are as at the time of each Order and may be subject to change.

7.5 A breakdown of the prices and additional charges (including but not limited to delivery, small order or service fees) 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.

7.6 You can choose to pay for an Order using any of the different payment methods offered on the Platform including:

7.6.1 Our payment partners: Visa, Mastercard, American Express, Google Pay, PayPal, Apple Pay;

7.6.2 Cash-on-Delivery. This option is not applicable to the pandago Service; or

7.6.3 Such other payment method we offer from time to time.

7.7 If you have existing credit in your foodpanda account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be.

7.8 After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt. Delivery fees will not appear in your Order receipt if you opt for Pick-Up.

7.9 Payment Methods

foodpanda 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. foodpanda does not store your credit card or payment information.

7.10 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, foodpanda takes responsibility for payments made on our Platform including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

8 Delivery, Pick-Up and Vendor Delivery

8.1 Delivery Areas

You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platform, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.

8.2 Delivery Time

foodpanda shall deliver your Order to the delivery address provided by you. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you in your email confirmation but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My Orders’ on the Platform. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed. If your Order contains Alcohol or Tobacco (if applicable) and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, foodpanda reserves the right not to deliver your Order to you.

8.3 Unsuccessful or Failed Deliveries

8.3.1 Without prejudice to any other clauses in these Terms, in cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

(i) no one was present or available to receive the Order;

(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided;

(iii) lack of appropriate or sufficient access to deliver the Order successfully;

(iv) lack of a suitable or secure location to leave the Order; or

(v) in the case of Restricted Goods, 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, we will contact you via, among others, call or message, or email, to inform the unsuccessful delivery and next steps. In such cases, foodpanda reserves the right to cancel the Order without refund or remedy to you.

8.3.2 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, foodpanda reserves the right to cancel the Order without refund or remedy to you.

8.4 Wrong Order, Missing Items, Defective Goods

Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please immediately contact customer support via one of the methods set out in Clause 1.3 above. In some cases, foodpanda may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

8.5 Pick-Up

8.5.1 Where available, you will have the option of collecting your Order in-person directly from the Vendor’s premises instead of having the Order delivered to you. Your email confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.

8.5.2 In the event of unreasonable delays in Pick-Up attributable to you, you bear 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). In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. 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 Vendor before leaving the Vendor’s premises.

8.6 Vendor Delivery

In some cases, our Vendors will deliver the Order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in the event of issues or delays in your delivery. foodpanda shall not be responsible in any way for Orders or Goods that are delivered by Vendors.

9 Vouchers, Discounts and Promotions

9.1 From time to time, foodpanda may run marketing and promotional campaigns which offer gifts with purchase (“Gifts”), voucher codes, discounts, and other promotional offers to be used on the Platform (“Vouchers”).

9.2 Vouchers and Gifts are subject to validity periods, redemption periods, use restrictions, limits and/or other availability. All Gifts are subject to availability on a ‘while stocks last’ basis.

9.3 Vouchers and Gifts may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions (including vendor-specific terms) may apply to Vouchers and Gifts.

9.4 Unless otherwise stated, Vouchers can only be used on our Platform.

9.5 Vouchers and Gifts are non-transferable, non-exchangeable, non-refundable and cannot be exchanged for cash.

9.6 For an Order which qualified for the Gifts, should such Order be refunded, cancelled or void, foodpanda has the sole discretion to:

(i) determine the full value of the Gifts; and

(ii) deduct such value from the refund amount in accordance with our refund policy.

9.7 foodpanda does not warrant the quality or performance of the Gifts and shall not be responsible for any damages including, but not limited to, the loss of life, injury to person and/or damage to property arising from or in connection with the promotion and/or use of the Gifts.

9.8 foodpanda may withdraw, amend and/or alter any applicable terms and conditions of the Vouchers and Gifts at any time without prior notice. foodpanda further reserves the right to void, discontinue or reject the use of any Voucher without prior notice.

9.9 foodpanda may at its sole discretion forfeit, exclude, disqualify or refuse you or certain Vendors from the use of Vouchers and Gifts redemption at any time without prior notice.

10 Representations, Warranties and Limitation of Liabilities

10.1 Representations and Warranties

You acknowledge and agree that the content on the Platform is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platform and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion.

All photos and images of the Goods are also for illustrative purposes only and may differ from the actual Goods.

While foodpanda makes reasonable efforts to ensure the provision of the Platform and the Services we offer, are available at all times, we do not warrant or represent that the Platform 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 Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.

10.2 Limitation of Liability

To the extent permitted by law, foodpanda (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude 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 Platform, our Services, and any website linked to our Platform and any content or material posted on it. Your exclusive remedy with respect to your use of the Platform is to discontinue your use of the Platform. The foodpanda 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 Platform or for any other claim related in any way to your use of the Platform. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the foodpanda 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, foodpanda, the foodpanda entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.

10.3 Vendor’s representations

foodpanda shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods and where Vendor Delivery applies to your Order. foodpanda does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photographs and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.

11 Vendor Liability

Vendors are solely responsible for the preparation, condition and quality of Goods sold to you. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. foodpanda shall not be responsible or liable for any loss, damage, expense, cost or fees arising from your contractual relationship with the Vendor.

12 Personal Data (Personal Information) Protection

You agree and consent to foodpanda 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. Our Privacy Policy is incorporated by reference herein and accessible here (https://www.foodpanda.sg/contents/privacy.htm) or via the links on our Platform.

13 Indemnity

13.1 use of the Platform;

13.2 use of the Services; or

13.3 breach of these Terms.

14 Third Party Links and Websites

The Platform may contain links to other third party products, websites, services and offers and by clicking on these third party links, you agree to do so at your own risk. These third party links, products, websites and services not owned or controlled by us. We do not control or endorse these third party websites or links and shall not be responsible for the content, functionality, security, services, privacy policies, or other practices of these third party linked pages. We accept 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

foodpanda has the right to terminate, suspend or delete your account and your access to or use of the Platform, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if foodpanda in its sole discretion:

  • considers your use to be unacceptable;
  • is not satisfied with the results of the Background Checks, conducted on an ongoing basis; or
  • suspects or discovers you to have been involved in any activity or conduct that is in breach of any of the Terms.

foodpanda may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platform.

16 Amendments

foodpanda may amend these Terms at any time in its sole discretion, and the amended Terms shall be effective immediately upon posting, subject to applicable laws. 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 Platform immediately.

17 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.

18 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the country / courts of jurisdiction in which the relevant foodpanda entity is incorporated as set out in the table below. The following courts specified together with the relevant foodpanda entity will have jurisdiction over any dispute or claim arising out of or in connection with these Terms and the use of the Platform:

19 Contact Us

If you wish to contact us regarding any questions or comments you may have, please reach out to us via the Help Center available on the Platform.

20 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.

21 Groceries / pandamart / Convenience Shops

21.1 The purchase of Goods from Vendors on ‘SHOPS’ on the Platform, including pandamart, (“SHOPS”) are subject to these Terms. Additionally, you agree to comply with any and all the guidelines, notices, operating rules, policies and instructions, which may be provided from time to time pertaining to the purchase of Goods from SHOPS, and which are incorporated into and form a part of these Terms.

21.2 Due to delivery constraints, foodpanda may be required to impose a cap on the amount of your Order or limit the quantities of Goods in your Order from SHOPS in its sole discretion.

21.3 Where the prices of any Goods are subject to the definitive weight of the Goods, we will provide an initial estimate of the price for the purposes of checkout. The final price shall be indicated in your email confirmation containing your tax invoice. For shortfalls in payment, additional amounts shall be charged to you. In event of overpayments, excess amounts shall be refunded in accordance with our SHOPS cancellation, refund and returns policy.

21.4 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 Platform is void when it is prohibited by law.

22 Rider Tip

22.1 Rider Tip (as defined herein) is applicable for all Orders except for cash-on-delivery orders and Orders delivered by Vendor Delivery. When you place an Order on the Platform, you will have the option to pay a tip to the rider assigned to deliver your Order (“Rider Tip”). foodpanda will collect payment for the Rider Tip using the payment method chosen by you for the Order. The rider will receive the full amount of any Rider Tip you choose to make once the delivery is completed.

22.2 For Orders cancelled before delivery, foodpanda will process a refund of any Rider Tip paid by you to the payment method used for the Order. Refunds will require time to be processed by us, your credit card company and/or your bank. It can take anywhere from five (5) to seven (7) business days (or even up to 30 days for overseas banks) for your refund to be processed and reflected in your account.

22.3 Rider Tips are not refundable once the Order has been delivered by the rider.

22.4 If you have any questions or issues regarding your Rider Tip, please reach out to our customer support via email or the in-app chat feature available on the Platform.

23 pandago

23.1 We offer an on-demand rider service where you may request for a delivery to be made from a pick-up location to a drop-off location through a delivery rider provided from our delivery rider pool (“pandago Service”) via our Platform. The use of the pandago Service on the Platform is subject to these Terms and the making of a request for the pandago Service is deemed to be an “Order” for the purposes of these Terms.

23.2 You shall pay foodpanda a delivery fee for the pandago Service, which shall be calculated using a base fee and distance-based fee. The base fee may vary due to factors such as, but not limited to, demand-supply ratio, booking timing, traffic conditions and routing information (“pandago Service Fee”). It is your responsibility to review the pandago Service Fee before making and confirming a request for the pandago Service. By confirming your request, you agree to make payment of the final pandago Service Fee displayed on the Platform.

23.3 The abovesaid pandago Service Fee amount is offered to you on the basis that only one (1) rider is required for the pandago Service. For the avoidance of doubt, if a second or more riders are required for the pandago Service, the pandago Service Fee shall apply to each additional rider.

23.4 You may cancel a request before it is accepted by a delivery rider free-of-charge. However, you will still be charged the pandago Service Fee if:

23.4.1 you cancel a request once it is accepted by a delivery rider;

23.4.2 the designated recipient is uncontactable or otherwise not available to receive the delivery after ten (10) minutes from the time that the delivery rider arrives at the designated delivery location. Thereafter, we will return the item to you and you may request for a new Order in respect of the re-delivery of the item.

23.5 You are responsible for providing us with true, complete and accurate delivery details such as the sender/recipient’s name, the sender/recipient’s address, the sender/recipient’s contact number, and any other delivery details as required.

23.6 We will not be liable for any failed delivery or loss of monies due to your mistake, incomplete or inaccurate delivery details, any delivery request cancelled by your recipient or any other mistake made by you, your agents, employees or your recipients, and we shall remain entitled to the pandago Service Fee in such event. For the avoidance of doubt, we do not allow any change of delivery details after the request has been submitted. Any communications between you and the assigned delivery rider regarding change of details shall not be accepted by foodpanda as proof of change.

23.7 You represent and warrant that:

23.7.1 You are either the owner or the authorised agent of the owner of the delivery item(s), and that you are authorised to accept and you accept these Terms for yourself or as an agent for and on behalf of the owner of the delivery item(s).

23.7.2 You are authorised by the sender (if not yourself) and the recipient of the delivery item(s) to provide the sender and recipient’s details (such as name, delivery address and contact details) to foodpanda and the delivery rider assigned to your delivery order. In this context, you agree that you have obtained the recipient’s consent for his or her personal data to be collected, used and disclosed by foodpanda for the purposes of fulfilling the delivery order. For more information on how we process personal data, please refer to our Privacy Policy referred to in these Terms or via the links on our Platform.

23.7.3 All information, description, and details of the delivery and/or delivery item(s) provided by you to foodpanda are true, complete and accurate. Where applicable, you will provide specific instructions which relate to the handling of the delivery item(s) to the delivery rider before the commencement of delivery.

23.7.4 You have complied with all laws and regulations relating to the nature, condition, packaging, handling, storage, and carriage of the delivery item(s) and the delivery item(s) is not or does not, in any way or condition: (a) non-compliant with or prohibited by any applicable laws or regulations; (b) dangerous, corrosive or flammable; (c) easily experience degradation of quality; and/or (d) contain explosives or radioactive substances.

23.7.5 The delivery item is acceptable for transportation, is properly and sufficiently prepared, packed, stowed, labelled and marked in a manner that is appropriate to any operations or transactions affecting the delivery item and the characteristics of the delivery item and complies with all specifications (including any size and weight limitations) as stated on the Platform. You acknowledge that it is your responsibility to ensure that the delivery item(s) is properly packaged to protect against damage to the delivery item(s) during the course of delivery. In the event a delivery item(s) is of fragile nature, it shall be in a packaging of sufficient durability and covered with protective material such that the delivery item(s) is protected against damage that may result from any force or pressure to which delivery item(s) are ordinarily subjected to during the course of delivery.

23.7.6 You shall not request the pandago Service for delivery of any of the following items:

a) items classified as hazardous material, dangerous goods, prohibited or restricted articles by any government or regulatory agencies

b) radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates

c) gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds

d) currency of any nationality, securities, coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques

e) illegally reproduced or pirated items (e.g., CDs, DVDs)

f) passports, credit/debit/ATM cards

g) antiques, works of art

h) lottery tickets and gambling devices

i) livestock, fish, insects, animals, plants and plant material

j) raw meat or seafood

k) frozen and/or dairy products

l) any written communication on any kind of physical medium below 500 grams in weight, excluding any book, catalogue, newspaper or periodical

m) human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens

n) hazardous or bio-medical waste

o) pornographic materials

p) alcoholic beverages or any intoxicant, infectious item or narcotics and psychotropic substances

q) any other items that are illegal, hazardous, dangerous, or otherwise restricted or prohibited under any statute or law or regulation for transportation

23.7.7 You shall be solely liable for any loss or damage suffered by foodpanda, its representatives, agents, and affiliates or any third party as a result of any breach of these representations and warranties.

23.8 In the event that you request transportation of any illegal or unlawful or prohibited items (such as the items mentioned in Clause 23.7.6 above) or items which may otherwise be restricted under any applicable law, we reserve the right to refuse any dangerous or hazardous items, illegal, unlawful or prohibited items which may be prohibited by law and may take such steps as may be necessary to report the same to the law enforcement authorities. For the avoidance of doubt, foodpanda or the assigned delivery rider shall have the right to open and inspect any of the items without prior notice if there is reasonable suspicion that the delivery item contains any illegal, unlawful or prohibited item, or for safety, security or other regulatory reasons, and foodpanda or the assigned delivery rider shall have the right to refuse receipt and delivery of the said item.

23.9 In the event, during transit of your delivery item(s) from pick-up location to drop-off location or while providing the pandago Service, if police or other law enforcement agencies request or make a demand to view your item(s) for verification, we or the assigned delivery rider shall have the right to display your item(s) to such law enforcement agencies. You agree to fully assist and provide all necessary information to us in the event of any regulatory investigations.

23.10 You shall be solely liable for any loss, damage, or contamination relating to the delivery item(s) whether or not caused directly or indirectly by you or the recipient of the delivery item(s) or any person acting as an agent or representative for or on behalf of you or the recipient.

23.11 foodpanda and the delivery rider shall have the right to cancel or not proceed with your delivery request in the event your request does not fulfil certain criteria, including but not limited to, the drop-off location falling outside of the delivery zone offered on the Platform, you are uncontactable by phone or other means of communication, the recipient of the delivery item(s) is uncontactable or unavailable physically when the delivery rider arrives at the drop-off location, or you do not provide sufficient information or authorisation at the time of delivery.

23.12 Notwithstanding the aggregate value of the item, you agree that foodpanda will only refund a maximum value of SGD200 (determined on a case-to-case basis) for items delivered under the pandago Service. foodpanda reserves the right, at its sole discretion, to determine and modify the maximum value of refund at any time.

23.13 You acknowledge and agree that the delivery rider may, in the ordinary course of delivering the item, disclose your details to the recipient. Therefore, you are solely responsible in determining your choice of recipient and we shall not be liable or be responsible for any losses suffered by or caused to you or arising out of or in connection with or by reason of your expectation of anonymity through the use of the pandago Service.

23.14 You acknowledge and agree that the pandago Service is provided on an “as is” and “as available” basis, and that your use of or reliance upon the pandago Service is at your sole risk and discretion.

24 pandapro

Where available, you may choose to subscribe to pandapro, our subscription programme for the Platform. If you choose to subscribe to pandapro, you agree to be bound by and to comply with the pandapro terms and conditions, which are incorporated by reference herein and accessible here (https://www.foodpanda.sg/contents/subscription-vf-tncs) or via the links on our Platform.

25 Group Order

Where available, you may choose to start or create a Group Order, which allows groups of people to organise group orders.  If you choose to start or create a Group Order, you agree to be bound by and to comply with the Group Order terms and conditions, which are incorporated by reference and accessible here (https://www.foodpanda.sg/contents/terms-and-conditions-grouporder) or via the links on our Platform.