Published: [25th November]
pandapro Subscription Terms and Conditions
1. pandapro
1.1 pandapro is a subscription programme implemented by R-SC Internet Services Pakistan (Pvt.) Limited (“foodpanda”, “we”, “our” or “us”). By subscribing to a pandapro plan, you will receive exclusive deals and benefits to be used on the foodpanda website and mobile application (“Platform”).
1.2 These terms and conditions (“Terms”) govern your pandapro subscription with foodpanda.
2. Eligibility
2.1 pandapro is available to all customers to sign up. For more information on how to sign up, please refer to your pandapro invite or check the “Become a pandapro” tab in your mobile application.
2.2 For corporate users, please contact your organisation for more information on your eligibility and subscription plan.
2.3 Where available, you may choose to subscribe to pandapro, our subscription programme for the Platforms. 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 ([insert link]) or via the links on our Platforms.
3. Payment
3.1 You will be notified of the subscription fee payable at the time of subscription for all available plans (“Subscription Fee”).
3.2 Payment of the Subscription Fee will be made by: (a) a credit card or debit card registered under your name; or (b) any other form of payment method accepted by foodpanda from time to time (each a “Payment Method”).
3.3 In respect of the billing cycle:
(a) For the monthly plan, your plan has a billing cycle of one (1) month.
(b) For the quarterly or half-yearly plan (or such other duration as may be available), your billing cycle will start from the date of your subscription where upfront payment will be made.
3.4 Your pandapro subscription period is based on the plan period selected during signup and will be automatically renewed at the end of your billing cycle unless it is cancelled or terminated in accordance with these Terms. You can sign up at any time during the month, for example:
(a) If you sign up for a monthly plan on the 5th July, your subscription will renew on the 5th of August of that year, and so on.
(b) If you sign up for a quarterly plan on 5th of July, your subscription will renew on the 5th of October.
3.5 By subscribing to pandapro, you acknowledge and agree that you are entering into an auto-renewal subscription agreement. For avoidance of any doubt, this means that foodpanda will first bill you for the Subscription Fee on the date that you subscribe for your plan. Thereafter, foodpanda will automatically charge the Subscription Fee using the Payment Method on the last day of the then-current billing cycle, until and unless you cancel your plan, change your Payment Method or foodpanda suspends or terminates pandapro in accordance with these terms and conditions.
3.6 You are responsible for ensuring that your Payment Method and information is current and correct. If foodpanda is unable to debit your Payment Method on any date a Subscription Fee is due, whether because of insufficient funds or otherwise, your pandapro subscription will be cancelled immediately and you will need to subscribe again in order to receive the pandapro benefits.
3.7 You understand and agree that foodpanda is not liable in any way for erroneous billing statements or incorrect charges, and that in the event of a billing error that is caused by foodpanda, our only responsibility is to correct such billing error within a reasonable time of us receiving notice of the error.
3.8 You warrant that you are duly authorized to pay the Subscription Fee using the Payment Method, without infringement of any third-party rights.
3.9 Once a Subscription Fee has been successfully paid to foodpanda, it is non-refundable.
3.10 foodpanda may offer discounts, promotions or other forms of preferential pricing on the pandapro subscription from time to time. Such preferential pricing shall apply only during the specified period, as stated in our communications to you. At the end of the specified period, you shall be automatically charged the then-current Subscription Fee for your plan. You must cancel your plan before the expiration of the specified period if you do not wish to be charged at the then-current Subscription Fee.
3.11 foodpanda reserves the right, exercisable in its sole and absolute discretion, to adjust the Subscription Fee at any time. foodpanda will announce any changes to the Subscription Fee in accordance with the amendment procedure set out below. Unless communicated otherwise, price adjustments shall take effect on the next billing cycle.
4. pandapro Benefits
4.1 You will gain access to your pandapro benefits only after you have successfully paid the Subscription Fee and complied with all other applicable requirements to register an account on the Platform.
4.2 Your pandapro benefits can only be used for orders made via the Platform in Pakistan. All benefits will be credit to your account on a monthly basis and will expire at the end of each month. All vouchers issued must be used before expiration. No extensions shall be granted.
4.3 Your plan is non-transferrable and you shall not share your pandapro benefits with other users.
4.4 The exact type of pandapro benefits that you will receive will be as stated at the time of subscription, and may be revised from time to time. Further information about the pandapro benefits may be found under the pandapro subscription page on the Platform.
5. Cancellation / Termination
5.1 You can cancel your plan at any time by accessing the unsubscribe link in your account. If you encounter any issues, you may also reach out to our customer service through the Help Centre available on the Platform to cancel your plan.
5.2 Once you cancel your plan, you will continue to be able to use your benefits until the end of your then-current billing cycle. Your auto-renewal subscription will automatically terminate at the end of the then-current billing cycle.
5.3 foodpanda will not make any partial or full reimbursements for subscriptions cancelled prior to the end of your current billing cycle.
5.4 foodpanda may at its sole and absolute discretion terminate your plan if we become aware or strongly believe that you have breached these Terms.
6. Amendment
6.1 foodpanda reserves the right to change or modify these Terms (including the pandapro benefits and the Subscription Fee) at any time and in its sole and absolute discretion.
6.2 foodpanda shall notify you of any changes to these Terms by email or other means set out in the notice clause (clause 7). The changes shall become effective four (4) weeks from the notification.
6.3 If you do not accept the changes, your only option is to cancel your plan before the changes come into effect. To the fullest extent permitted by applicable laws, your continued subscription after the changes come into effect constitutes your full acceptance of, and agreement to be legally bound by these Terms, as modified, and such changes to the pandapro benefits or your pandapro subscription as may be communicated to you by foodpanda from time to time.
7. Notice
7.1 To ensure that you receive information regarding your plan, pandapro and these Terms from foodpanda in a timely manner, you agree that foodpanda has the right to notify you by any one of the following means: your contact methods (phone, email, text messaging etc.), message notification, push notifications and in-app notifications.
7.2 Any such notification will be deemed to have been delivered to you on the date it was sent by foodpanda. If multiple notification methods are used simultaneously, the delivery time will be deemed to be the date and time of the earliest notification.
8. Liability
8.1 To the extent permitted by law, foodpanda, its agents, representatives and service providers shall not be liable to you for any loss or damage including loss of business, revenue or profits, or any indirect or consequential loss whatsoever, arising out of or in connection with your pandapro subscription. Your exclusive remedy with respect to your pandapro subscription is to discontinue your subscription.
9. Application of Platform Terms
9.1 The terms and conditions relating to the use of the Platform shall continue to apply and are incorporated by reference herein. A copy of the Platform terms and conditions may be accessed in the foodpanda app or on our website.
10. Privacy Policy
10.1 Any collection, use and/or disclosure of your personal data will be in accordance with foodpanda’s privacy policy, a copy of which may be accessed in the foodpanda app or on our website.
11. Governing law and Dispute Resolution
11.1 These Terms shall be governed by and construed in accordance with the laws of Pakistan without regard to its conflict of law rules.
11.2 Any dispute, claim or difference of any kind whatsoever arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Pakistan.
12. General
12.1 These Terms are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of our and their affiliates' and subsidiaries' respective successors and assigns).
12.2 These Terms supersede any previous agreement between us and constitute the entire agreement between you and us relating to its subject matter to the exclusion of all other terms and conditions, and any prior written or oral agreement between us.
12.3 Unless otherwise stated, your and our rights and remedies under these Terms are cumulative and do not exclude any other right or remedy provided under applicable laws.
12.4 Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between us, nor make you or us the agent of one another for any purpose.
12.5 foodpanda reserves all rights not expressly granted herein.
12.6 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
12.7 If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
12.8 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
13. Prevailing Language
13.1 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.