Pandapay User Account Terms and Conditions
Published On: 22 March 2023
Please read these terms and conditions (“Pandapay User Account Terms”) carefully before registering, accessing or using the Pandapay User Account located at https://www.foodpanda.pk/ (“Foodpanda Website”) or the Foodpanda mobile application (hereinafter collectively referred to as “Foodpanda Platform”) on any device and/or before using any services in relation to the Pandapay User Account that may be offered by Foodpanda on the Foodpanda Platform (hereinafter referred to as “Services”). These Pandapay User Account Terms form a legal agreement between you (“User” or “you”) and R-Sc Internet Services Pakistan (Pvt) Limited (“Foodpanda” or “we”). These Pandapay User Account Terms are supplemental to and deemed to be incorporated into the Terms of Use located at https://www.foodpanda.pk/contents/terms-and-conditions.htm, which govern your use of the Foodpanda Platform. Capitalised terms used but not otherwise defined herein shall have the same meanings ascribed to them in the Terms of Use.
Whenever the context requires, “User” or “you” shall mean any natural person who has reached eighteen (18) years of age who is eligible to contract and has registered for the Pandapay User Account by accepting these Pandapay User Account Terms.
You agree and acknowledge that you have read the Pandapay User Account Terms set forth below. In addition, you confirm that you are (a) a citizen of Pakistan, resident in Pakistan; (b) have attained the age of 18 years; and (c) have a valid Foodpanda account. If you do not agree to these Pandapay User Account Terms or do not wish to be bound by these Pandapay User Account Terms, or are below eighteen (18) years of age, please do not use the Services and Pandapay User Account and/or immediately discontinue your use of the Services and Pandapay User Account.
Foodpanda may amend the Pandapay User Account Terms at any time by publishing an updated version at the Foodpanda Website. The updated version of the Pandapay User Account Terms shall take effect immediately upon posting. It is your responsibility to review these Pandapay User Account Terms periodically for updates/changes. Your continued use of the Services following the posting of such changes will mean that you accept and agree to the revised Pandapay User Account Terms.
Your use of the Services, the Pandapay User Account and the Foodpanda Platform indicates your agreement to these Pandapay User Account Terms, so please read the Pandapay User Account Terms carefully before proceeding. By impliedly or expressly accepting these Pandapay User Account Terms, you also accept and agree to be bound by Foodpanda’s policies (including, but not limited to, our Privacy Policy) available on the Foodpanda Website, as may be amended from time to time.
1. Registering for Pandapay User Account
Foodpanda offers a closed system payment account to a User on the Foodpanda Platform. To use the Foodpanda Platform, a User must register by providing their details, namely, name, email address, and mobile number (“User’s Details”), and a Pandapay User Account will be issued to a User immediately upon successful registration on the Foodpanda Platform.
2. Key Features of Pandapay User Account
The key features of the Pandapay User Account are set out below:
|
Key Features Of Pandapay User Account |
||
|
S.No. |
Feature |
Conditions |
| 2.1 |
Mode of Loading or Reloading |
Users can maintain monetary value in the Pandapay User Account. Monetary value can only be loaded in the Pandapay User Account in the following ways: (i) from refunds that might arise due to cancellations and returns of your online transactions on the Foodpanda Platform; (ii) through online top-ups via debit card and credit card |
| 2.2 |
Maximum Balance |
The balance in the Pandapay User Account cannot exceed PKR 10,000 at any point of time. You will not be able to receive refunds and make online top-ups to your Pandapay User Account if this will cause the balance to exceed PKR 10,000. |
| 2.3 |
Use of Balance |
The balance in the Pandapay User Account can only be used to purchase goods and/or services from the vendors listed on the Foodpanda Platform (“Vendors”). If you choose to utilise the balance in your Pandapay User Account for an order and the value of the order exceeds the balance in your Pandapay User Account, the balance in your Pandapay User Account shall be utilised in full and the remaining amount of the order shall be charged to the online payment method via credit and debit cards or Cash-on-Delivery (“COD”) If you choose to utilise the balance in your Pandapay User Account for an order and the value of the order is less than the balance in your Pandapay User Account, Foodpanda will only deduct the value of the order from the balance in the Pandapay User Account. Any remaining balance in your Pandapay User Account may be used on subsequent orders. |
| 2.4 |
Transfer of funds |
You have the option of transferring Refunds received in your Pandpay User Account to the original payment source from which original payment was made for the order. However, no transfer of funds is permitted in respect of amounts loaded on your Pandapay User Account through online top-ups. |
3. General Terms of Use for Pandapay User Account
3.1 The balance in the Pandapay User Account cannot be withdrawn as cash.
3.2 The Pandapay User Account is not transferable.
3.3 No interest is payable on the outstanding balance in the Pandapay User Account.
3.4 Each User is permitted to operate only one (1) Pandapay User Account. Any suspected violation of this condition shall constitute grounds for suspension of the User’s access to all Pandapay User Accounts of the User.
3.5 Foodpanda may, from time to time, require additional information from you regarding your identity and your use of the Pandapay User Account, including transactions made thereon, identification information and number of Pandapay User Accounts being held by you. You agree that you will provide in good faith accurate, complete and truthful responses to such queries from Foodpanda, and your failure to do so may result in the immediate suspension or termination of your Pandapay User Account and/or Foodpanda Account.
3.6 Foodpanda reserves the right to suspend/discontinue the Pandapay User Account at any time, for any cause, including, but not limited, to the following:
3.6.1 For any suspected violation of any applicable laws, rules, regulations, orders, directions, notifications and guidelines, including notices and guidelines issued by State Bank of Pakistan from time to time or for any violation of any instructions or notifications issued by Foodpanda to the User from time to time or any terms of usage of Foodpanda’s services, including these Pandapay User Account Terms;
3.6.2 any suspected discrepancy, false information and/or inaccuracies in the User’s Details and any other identification, financial information or supporting documents provided by the User;
3.6.3 to combat potential fraud, sabotage, money laundering, terrorism financing, willful destruction, or for any other force majeure event; or
3.6.4 Foodpanda in its sole opinion and discretion believes that cessation/suspension of the Pandapay User Account is necessary for any other legitimate purpose.
4. Mode of Refund: If you are entitled to a refund in accordance with the refund and cancellation policies set out in the Terms of Use, the default mode of refund for orders in which payments were done through credit cards, debit cards and COD will be a refund to the Pandapay User Account. The amount approved for refund to you shall be in Foodpanda’s sole discretion. The refund will be processed as soon as reasonably practicable and will be instantaneous where possible. Once the refunded amount is reflected in the Pandapay User Account, the refunded amount can be redeemed immediately on your next order. Please note that you may transfer the refunded amount from your Pandapay User Account to the original payment source which was used to make payment for the order. However, for Orders in which payments were made through COD, we will request you to designate a bank account and the refund will be processed to that account. Such transfer, including transfer to credit card or debit card, may take seven (7) to ten (10) business days. Notwithstanding the foregoing, we reserve the right to refuse any request for transfer to source in order to ensure compliance with its risk management policies or regulatory obligations.
5. Change to Wallet in case of COD:In case of COD (i.e., cash payment made through the rider to foodpanda at the time of delivering the order), you have the option of receiving the exact change of your cash payment into your Pandapay Account instantly and in a contactless manner, instead of handling cash. The change will be reflected in your Pandapay Account, and the aforementioned amount can be redeemed immediately on your next Order. Should you wish for the change to be processed to your bank account, then we will request you to designate a bank account and the change will be processed to that account.
6. Validity of Balance in Pandapay User Account: The balance reflected in your Pandapay User Account does not expire as long as you have a valid Pandapay User Account. In the event that your Pandapay User Account terminates or you wish to close your Pandapay User Account, you may redeem the entire outstanding balance in your Pandapay User Account by making a purchase on the Foodpanda Platform before closing your Pandapay User Account. However, if your Pandapay User Account is terminated by Foodpanda pursuant to Paragraph IV or V above, the termination may take place with immediate effect and you may not be permitted to utilize any remaining balance in your Pandapay User Account, which will be forfeited.
7. Charges: The Pandapay User Account is free for Users. Foodpanda does not charge Users any fee for creating a Pandapay User Account or use of Services. Foodpanda reserves the right to change its fee policy from time to time. In particular, Foodpanda may at its sole discretion introduce new Services and modify some or all the existing Services offered. In such an event, we reserve the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the fee policy shall be posted on the Foodpanda Website and such changes shall automatically become effective immediately after they are posted on the Foodpanda Website.
8. Prohibited Uses of Pandapay User Account: Without prejudice to the other restrictions and limitations contained above, you shall not under any circumstances:
8.1 use the Pandapay User Account to defraud Foodpanda, our affiliates or other members or users, or engage in other unlawful activities (including, without limitation, dealing in products or services prohibited by law);
8.2 use the Pandapay User Account in such a manner that violates, or causes Foodpanda to violate, any law, statute, ordinance or regulation;
8.3 impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signatures or perform any other fraudulent activity;
8.4 post or transmit any message, image or data which is pornographic, obscene, abusive, offensive, inappropriate, unlawful, infringing, inaccurate, false, defamatory, violent, or otherwise objectionable in nature;
8.5 purchase any products or services using fraudulent, misappropriated, or unlawfully obtained funds;
8.6 use the balance in the Pandapay User Account in a manner that may result in complaints, disputes, imposition of fines, penalties, chargebacks or any other liability to Foodpanda; or
8.7 use the Pandapay User Account for money laundering, terrorism financing, tax evasion or any other illegal activities.
9. Your Responsibilities: In connection with your use of the Pandapay User Account, it shall be your responsibility to adhere to the following:
9.1 Promptly inform Foodpanda of any unauthorised usage of your Pandapay User Account and any other circumstances which may lead to unauthorised usage of your Pandapay User Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;
9.2 that when you acquire goods and/or services from a Vendor and pay the Vendor through the Pandapay User Account, you understand that you enter into a contract with the Vendor and we are not a party to the contract between you and the Vendor; and
9.3 to use the Pandapay User Account in good faith and in compliance with all applicable laws and regulations, all instructions or notifications issued to you by Foodpanda from time to time, and these Pandapay User Account Terms.
10. Unauthorised Transactions and Redressal:
10.1 An unauthorised transaction occurs when a payment is made from or to your Pandapay User Account that you did not authorise. For example, if someone makes a transaction from your Pandapay User Account using a stolen password, an unauthorised transaction has occurred. If you provide access to your Pandapay User Account to a third party (by disclosing your login information or any other information) and they conduct transactions without your knowledge or permission, you are responsible for any resultant use.
10.2 The liability of any misuse is solely yours, until you report the issue to Foodpanda. Foodpanda will not be held responsible for executing any transaction made under or through your account before a report is made to us.
10.3 In the event of an unauthorised transaction made using your Pandapay User Account, you must report the misuse of your Pandapay User Account to the police and lodge a complaint with the police. Simultaneously, you should also immediately notify Foodpanda if you believe:
10.3.1 there has been an unauthorised transaction or unauthorised access to your account; or
10.3.2 your username and password for your Pandapay User Account has been compromised;
10.4 For unauthorised transactions or errors made using your Pandapay User Account, you may notify us by sending an email to our customer support email at support@foodpanda.pk or via our in-app customer support chat feature.
11. Intellectual Property
11.1 Trademarks
All trademarks, logos, images, and service marks, as displayed on the Foodpanda Platform or in our marketing material, whether registered or unregistered, are the intellectual property of Foodpanda and/or third parties who have authorised us to use their trademarks, logos, images, and service marks (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of 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, where applicable, criminal prosecution.
11.2 Foodpanda Platform, Pandapay User Account and the Service
Foodpanda, its parent company and its affiliates, where applicable, shall own all rights, title and interest, including all related intellectual property rights, in and to the Foodpanda Platform, the Pandapay User Account and the Services.
These Pandapay User Account Terms do not convey to you any rights of ownership in or related to the Foodpanda Platform, the Pandapay User Account or the Services, or any intellectual property rights owned by Foodpanda, its parent company and/or its affiliates.
For the avoidance of doubt, Foodpanda’s name, logo, and the third party logos and product names associated with the Foodpanda Platform and the Services are trademarks of Foodpanda, its parent company, affiliates and/or third parties, and no right or license is granted to use them.
11.3 Data Privacy and Personal Data Protection Policy
You agree and consent to Foodpanda collecting, using, disclosing and processing your personal data in accordance with our Privacy Policy: https://www.foodpanda.pk/contents/privacy.htm
11.4 Indemnification
By agreeing to these Pandapay User Account Terms and upon using the Services and/or the Pandapay User Account, you agree that you shall defend, indemnify and hold Foodpanda, its parent company, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
11.4.1 your use of the Services, the Pandapay User Account and/or the Foodpanda Platform in your dealings with any third parties, including, but not limited to, the Vendors, delivery agents and other users of the Foodpanda Platform;
11.4.2 your violation or breach of any of the Pandapay User Account Terms or any applicable law or regulation;
11.4.3 your violation of any rights of any third party;
11.4.4 your misuse of the Services and/or the Foodpanda Platform.
11.5 No Warranties; Limitation of Liability
The Services are provided to you strictly on an “as is” and “as available” basis without any warranty of any kind and Foodpanda does not authorise any third party to make any warranty on our behalf. To the fullest extent permitted by law, Foodpanda makes no representations or warranties, whether express, implied, statutory or other, including without limitation, any implied warranty as to the accuracy, reliability, timeliness, quality, suitability, availability, completeness, merchantability, or fitness for a particular purpose, or non-infringement of third party rights, or that the Services will be uninterrupted, timely or error-free, in relation to any data and information on the Pandapay User Account, the Pandapay User Account and the Services. Further, Foodpanda does not represent or warrant that the data and information on the Pandapay User Account, the Pandapay User Account and the Services will meet your requirements. All data and information in and shown on the Pandapay User Account are believed by Foodpanda to be accurate to the best of its knowledge, but because of the possibility of human and mechanical error, delays or interruptions, system downtime, and other factors, all data and information in and shown on the Pandapay User Account, are provided on an “as is” and “as available” basis.
The use of the Pandapay User Account, Services and the Foodpanda Platform may be subject to limitations, delays, security issues, and other problems inherent in the use of the internet and electronic communications, including the device used by you being faulty, not connected, out of range of mobile signals or functioning incorrectly. Foodpanda is not responsible for any delays, delivery failures, damages or losses resulting from such problems. You agree that all risks arising from online transactions will be borne by you.
To the fullest extent permitted by law, Foodpanda shall not be liable in contract or otherwise for any direct, indirect, special, punitive or consequential loss or damage, including without limitation data loss or economic loss, sustained by you or any other party by the direct or indirect use of or reliance on the Pandapay User Account, the Services, Foodpanda Platform or the data or information therein and shown thereon. To the extent that Foodpanda incurs any liability notwithstanding the foregoing sentence, Foodpanda’s liability shall in no event exceed the amount paid by you for the use of the Services giving rise to the cause of action.
11.6 Complaints
You may contact Foodpanda if you wish to make a complaint about the Services to our complaints officer by sending an email to our customer support email at support@foodpanda.pk or via our in-app customer support chat feature
11.7 Assignment
These Pandapay User Account Terms, as may be modified from time to time, may not be assigned by you without the prior written approval of Foodpanda. Foodpanda may assign these Pandapay User Account Terms, whether in whole or in part, to any third party, including its affiliates or related entities, without your consent.
11.8 Notices
Foodpanda may give notice by means of a general notice on the Foodpanda Platform, or by electronic mail to your email address in the records of Foodpanda, or by written communication sent by registered mail or pre-paid post to your physical address in the records of Foodpanda. Such notice shall be deemed to have been given upon the expiration of two (2) working days after the date of posting (if sent by registered mail or pre-paid post) or one (1) hour after sending (if sent by email or posted on the Foodpanda Platform).
You may give notice to Foodpanda by written communication sent by courier or registered mail to Foodpanda’s registered address. Such notice shall be deemed to be given upon written acknowledgment of receipt by an officer or other duly authorized representative of Foodpanda.
11.9 Governing Law and Dispute Resolution
These Pandapay User Account Terms and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of Pakistan.
You agree that any claim or dispute You may have against Foodpanda must be resolved by a court having jurisdiction in Karachi, Pakistan.