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 Pakistan Pvt Limited (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 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 the Platform.
Please read these Terms carefully before creating an account or using our Platform.
By accessing and using the Platform, you agree that you have read, understood and accepted the Terms herein and consent to the processing of your personal data in accordance with the terms set out in the Privacy Policy. If you do not agree or fall within 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 at least 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. You confirm and guarantee that you are at least 18 years of age and possess the legal capacity to enter into a binding agreement.
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. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform immediately.
The Platform 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. You are strongly recommended to read these Terms regularly. You shall be deemed to have agreed to the amended Terms 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.
For the purpose of these Terms, the word “rider” shall be deemed to include rider, walker, cyclist, motorcyclist and courier (as the case may be).
For customer support, you may reach out to us via our in-app customer support chat feature or the Help Center available on our Platform.
1 About foodpanda
foodpanda is a technology company which provides a platform for users to obtain certain types of services. Depending on the service in question, the services may be supplied by the Platform or a third party provider. Where the service is provided by a third party provider, the Platform’s role is merely to link the user with such third party provider. the Platform is not responsible for the acts and/or omissions of any third party provider, and any liability in relation to such services shall be borne by the third party provider. Third party provider is not an agent, employee or staff of the Platform and the solutions or the services provided by third party providers shall not be deemed to be provided by the Platform. You acknowledge that the third party providers are independent entities and are not agents, employees, or contractors of the Platform. Any services they perform are considered their own and are not deemed to be provided by the Platform.
2 Services
Through our Platform, the Platform links you to vendors (“Vendors”) for you to order a variety of goods including, prepared meals, 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”), the Platform acts as an agent on behalf of that Vendor to facilitate, process and conclude the Order and subsequently organising the necessary resources for its delivery through an independent third party services provider or the Vendor to deliver your Order to you.
3 Use of the Platform and Account
3.1 You will need to register for an account for you to use the Platform. When you register for an account, you may create a password, and may also have to provide personal information (eg., full name, email address, contact number), and credit card details, depending on which payment method you opt for. 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. If another person uses these methods to access your account, you will be responsible to pay for any orders they make, and the Platform is not responsible for any other losses you suffer. Save for cases of fraud or abuse which are not your fault, you shall be responsible for all the consequences caused by all the actions conducted under your account, including orders placed and payment made. We reserve the right to transmit a One-Time (“OTP”) via Short Message Service (“SMS”) or through messaging platforms such as WhatsApp or any other similar communication applications, at our sole discretion.
3.2 You must contact the Platform immediately if you detect unauthorised access or any other security problem with your account.
3.3 The Platform 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.
3.4. If you wish to delete your account, please access the Help Center on our Platform or send us an email. We may restrict, suspend or terminate your account and/or use of the Platform, if we reasonably believe that:
3.4.1 someone other than you is using your account; or
3.4.2 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.
4 Activities prohibited on the Platform
4.1 You acknowledge and warrant that when using the services provided by the Platform, you shall comply with all applicable laws, rules and/or regulations and shall not engage in any conduct that is illegal or prohibited on the Platform.
Prohibited activities include, but are not limited to the following:
4.1.1 Illegal Acts: using the Platform for fraudulent, deceptive, or unlawful purposes;
4.1.2 Infringement: posting any content that infringes any party’s intellectual property rights, privacy rights, or proprietary rights;
4.1.3 Inappropriate Content: posting content and/or material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by the Platform in its sole discretion or pursuant to local community standards, including cyber-bullying or depictions of dangerous behaviour;
4.1.4 Privacy violations: disclosing and collecting personal details of others or harvesting user data (e.g. name, email address, telephone numbers, address) without consent;
4.1.5 Technical abuse: posting URLs to external websites or any form of HTML or programming code, or “spam” as determined by foodpanda in its sole discretion;
4.1.6 Identity misuse: impersonating another person when posting content or allowing third parties to use your identification for posting or viewing comments;
4.1.7 Interference: engaging in harassing, threatening, stalking, abusing any person on the Platform, any conduct that restricts or inhibits others from using or enjoy the Platform, encouraging others to engage in any prohibited activities as described above, or which, in the sole discretion of the Platform, exposes the Platform or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
4.2 The Platform reserves the right but is not obligated to do any or all of the following:
4.2.1 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;
4.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
4.2.3 suspend or terminate a user’s access to the Platform or their The Platform Account upon any breach of these Terms;
4.2.4 monitor, edit, or disclose any content on the Platform;
4.2.5 investigate and take appropriate legal action against anyone who, in the Platform’s sole discretion, engages in any of the prohibited activities; and
4.2.6 edit or delete any content posted on the Platform, regardless of whether such content violates these standards.
5 Intellectual Property
All trademarks, business marks, logos, slogans, images, service marks, content and information (including but not limited to software, technologies, texts, graphics, maps, icons, audio, layouts, and data) including these Terms as displayed on the Platform, all the data and information generated during the development, operation, maintenance of the Platform, or in our marketing material, whether registered or unregistered, are the intellectual property of the Platform 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. The Platform 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 the Platform. Use of any materials on the Platform is at your own risk.
6 Restricted Goods
6.1 Some of the Goods we offer on our Platform are subject to restrictions for purchase, and are subject to age restrictions for purchase and may be sold and delivered only to persons of the minimum age required by law (“Restricted Goods”). The Restricted Goods mainly include, but are not limited to cigarettes/tobacco products (“Tobacco”), Electronic Vaping Devices (and any other goods as notified by the Provincial Government), it shall also include 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.
6.2 Under applicable laws, you must be of statutory legal age for purchase of such Restricted Goods. The Platform, the Vendor and delivery riders, as the case may be, reserve the right in their sole discretion:
6.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver the Restricted Goods;
6.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or
6.2.3 to refuse delivery to any persons for any reason whatsoever.
6.3 Cigarettes/Tobacco Products (“Tobacco”) and Electronic Vaping Devices
6.3.1 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.
6.3.2 To purchase Tobacco, you must be of the statutory legal age. The Platform, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:
(i) to ask for valid proof of age (e.g. ID card) to any persons before they deliver Tobacco;
(ii) to refuse delivery if you are unable to prove you are of legal age; and/or
(iii) to refuse delivery to any persons for any reason whatsoever.
6.4 Any offer for any Alcohol made on the Platform is void as it is prohibited by law.
7 Orders
7.1 Before you place an Order on the Platform, you should read carefully all the content contained in the information about the Goods/Services, including but not limited to the name, type, quantity, quality, price, estimated delivery time of the Goods/Services, Vendor address, business hours and delivery method. When you place an Order, the Platform 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.
7.2 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.
7.3 The Platform and/or the Vendor reasonably endeavour to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, the Platform and/or the Vendor reserves the right to proceed to prepare the Order in accordance with standard operating procedures. Neither the Platform nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
7.4 The Platform is not obligated to provide ingredient information, or allergen, dietary restriction or special dietary information on the Platform. Further, the Platform does not guarantee that the Goods sold by Vendors are free of allergens or comply with any special dietary requirements, 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. The Platform shall not be held liable for any adverse reactions or consequences arising from the consumption of Goods sold by Vendors.
7.5 Please note that your Order may be subject to additional terms and conditions provided by the Vendor.
7.6 Prior to and when placing the Order:
7.6.1 You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.
7.6.2 Once you select a Vendor, you will be directed to that Vendor’s menu page for you to select and add your Goods to the cart.
7.7 To complete an Order, please follow the onscreen instructions after clicking ‘REVIEW PAYMENT AND ADDRESS’. 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 such as address for receiving the Order, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. All the information, terms and specifications displayed in the “Checkout” page constitute the entire contractual content of the contract between you and the Vendors, and shall be deemed a binding legal offer made by you. You must not submit an Order unless you agree to and accept all the terms set out in the “Checkout” page. Once the Vendor accepts and confirms the Order, the Platform will send you an email confirmation containing all the details of the Order, including but not limited to the name, type, quantity, price, validity period (if any) of the Goods, Vendor address.
7.8 Cancelling an Order
Please access the Help Center 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.
7.9 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, subject to the Platform’s sole discretion, 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.
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 our in-app customer support chat feature or the Help Center available on our Platform.
7.10. The Platform reserves the right to cancel any Order and/or suspend, deactivate or terminate your account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your account and/or with your Order.
8 Prices and Payment Methods
8.1 Prices quoted on the Platform shall be displayed in Pakistani Rupee. 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 physical outlets).
8.2 Delivery fees are chargeable on every Order unless
(i) you opt to collect your Order directly from the Vendors (“Pick-Up”); or
(ii) you have a valid promotional or discount voucher and apply it at “Checkout”; or
(iii) stated otherwise.
8.3 Prices and additional charges (including but not limited to delivery, small order fee, service fees, platform fee, or such other fees howsoever termed) indicated on the Platform are as at the time of each Order and may be subject to change.
8.4 A breakdown of the final prices and additional charges (including the delivery fees, difference to minimum order value, platform fees, or any other charges) are displayed before “Checkout” page. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
8.5 Payment Methods
The Platform reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. Depending on the payment method you choose, you may be required to provide us with your credit card details and other necessary information. 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. The Platform does not store your credit card or payment information.
8.6 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, the Platform 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.
8.7 If you have existing credit in your account or valid promotional or discount vouchers, you can use this to pay for part or all of your Oder as the case may be.
8.8 The Platform reserves the right to suspend the processing of any transaction if it reasonably believes that the transaction may be fraudulent, illegal, or involves any criminal activity, or if you have breached any of the Terms. In such cases, the Platform shall not be held liable for any withholding, delay, suspension, forfeiture, or cancellation of any payment(s) to you.
8.9 Rider Tip
8.9.1 Rider Tip (as defined herein) is applicable for all Orders except for cash-on-delivery Orders and Orders delivered by Vendor Delivery (as defined below). When you place an Order on the Platform and/or after your Order is delivered, you will have the option to pay a tip to the delivery rider assigned to deliver your Order (“Rider Tip”). The Platform will collect payment for the Rider Tip using the payment method chosen by you for the Order. The delivery rider will receive the full amount of any Rider Tip which you choose to make once the delivery is completed.
8.9.2 For Orders cancelled before delivery, the Platform 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 5 to 10 business days (or even up to 30 days for overseas banks) for your refund to be processed and reflected in your account.
8.9.3 Rider Tips are not refundable once the Order has been delivered by the delivery rider and/or once you agree to pay after your Order is delivered.
9 Delivery, Pick-Up and Vendor Delivery
9.1 Delivery Areas
You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary in different delivery areas. 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.
9.2 Delivery Time
9.2.1 The Platform shall facilitate the delivery of your Order to the delivery address provided by you. You may choose for your Order to be delivered with different delivery options (see below). An estimated delivery time will be provided to you but the actual delivery time 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.
9.3 Delivery Options
foodpanda offers the following delivery options:
Standard Delivery
If you choose standard delivery, you will be shown an estimated delivery time for your Order. However, we will deliver your Order as soon as possible, and you must therefore be available to accept delivery from the time you place the Order.
Saver Delivery
The saver delivery programme (the “Saver Delivery”) allows our riders to pick up two or more Orders across different Vendors in one trip, i.e. your Order gets batched together with others on our rider’s route. If you choose Saver Delivery, the delivery time for your Order may be longer, and you will therefore be charged a lower delivery fee.
To keep your food fresh and ensure food safety, Vendors who sell highly perishable products shall not participate in Saver Delivery. For the avoidance of doubt, the Platform shall not, under any circumstances, be liable for any claim, loss or damage whatsoever incurred by the Vendors who opt in to Saver Delivery.
Priority Delivery
The priority delivery programme (the “Priority Delivery”) prioritises the dispatching of your Order. This means that the assigned delivery rider(s) will deliver your Order first during the relevant time without any additional stops, to the extent that only the Platform Orders are involved. Do note that the delivery timing shown on the Platform is an estimate and not a guaranteed timing.
Scheduled Delivery
The scheduled delivery programme (the “Scheduled Delivery”) allows you to choose a specific time to schedule an Order in advance for delivery at such specific time.
9.3.1 Saver Delivery, Direct Delivery and/or Scheduled Delivery may be changed, withdrawn or terminated by the Platform at any time without prior notice to you. The Platform shall not be liable for any claim, loss or damage whatsoever incurred by you arising from you voluntarily opting in to Saver Delivery, Direct Delivery and/or Scheduled Delivery.
9.4 Unsuccessful or Failed Deliveries
9.4.1 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) you are uncontactable despite attempts to reach you via the phone number provided within ten (10) minutes from the time the Order arrives at your delivery address; or
(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) the rider refuses to deliver the Order to you in accordance with section 6 (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, you will still be charged the full price of the Order and for delivery.
9.5 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 reach out to us via our in-app customer support chat feature or the Help Center available on our Platform. In some cases, the Platform may request for photographic proof and/or additional information to investigate the issue(s) with your Order. If we determine that the Order you received does not comply with their descriptions or are not of satisfactory condition or quality, we will compensate you for your Order or part of your Order.
9.6. Pick-Up
9.6.1 Where available, you will have the option of collecting your Order in-person directly from the Vendors at the location specified in the Platform (“Pick-Up Locations”) instead of having the Order delivered to you("Pick-Up"). Once the Vendor accepts your Order, we will send you a confirmation via email (“Confirmation Notice”). Your legal contract for the Order begins the moment this Confirmation Notice is sent. You are responsible for all the payments and for following these Terms for any Order placed through your account, even if you are buying the Order for someone else. All items are subject to availability. Please note that some Vendors have a minimum order value, which will be clearly displayed on the Platform.
The Confirmation Notice and/or the Platform will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. The Collection Time is not guaranteed by either us or the Vendors. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Pick-Up Location 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. If you fail to collect your Order within 20 minutes from the Collection Time, the Vendors are entitled to dispose of your Order. You will still be charged for the Order in the event you fail to pick-up your Order from the Pick-Up Location.
9.6.2 In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of the Order or any deterioration in quality or change in condition of the Order (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 Order. You alone are responsible for inspecting the Order when you Pick-Up your Order and shall report any issues and/or defects to the Vendors directly before leaving the Pick-Up Locations so they can try to resolve your issue.
9.7. 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. The Platform shall not be responsible in any way for Orders that are delivered by Vendors.
9.8 Delivery PIN Validation
In some cases, once you have confirmed your Order and our riders have picked up your Order, you will be provided with a unique 4-digit delivery PIN (“Delivery PIN”) on the Order Tracking page on the Platform. Our riders may require you to provide the said Delivery PIN upon delivery of your order. Our riders are given five (5) attempts to input the Delivery PIN provided by you to our riders in the rider app. In the event our riders have exhausted the attempts and still failed to input the correct Delivery PIN, our riders may request other verification methods such as taking a photo of your Order with your house / unit number plate (if applicable).
10 Vouchers, Discounts, Gifts and Promotions
10.1 From time to time, the Platform may run marketing and promotional campaigns offering gifts with purchase (“Gifts”), voucher codes, discounts, and other promotional offers (collectively “Vouchers”) for use on the Platform. All Vouchers and Gifts are subject to their respective terms and conditions, validity periods, redemption periods, usage restrictions, and availability. They are offered on the “first-come, first served” and “while stocks last” basis. The Platform reserves the right to terminate any campaign or promotion early without prior notice to you.
10.2 Unless explicitly stated otherwise and subject to the sole discretion of the Platform, Vouchers can only be redeemed on the Platform and cannot be used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions (including vendor-specific terms) may apply.
10.3 Unless otherwise stated, Vouchers can only be used on the Platform.
10.4 Vouchers are non-transferable, non-exchangeable, non-refundable and cannot be exchanged for cash or cash equivalents.
10.5 If an order that qualified for Voucher is subsequently refunded, cancelled or void for any reason, the Platform has the sole discretion to:
(a) determine the full value of the Voucher; and
(b) deduct the full value of the Voucher from the refund amount due to you, in accordance with the Platform’s refund policy.
10.6 The Platform does not warrant the quality or performance of the Vouchers 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, delivery, and/or use of the Vouchers.
10.7 The Platform is under no obligation to replace, extend, or offer cash compensation for any Vouchers that are expired, invalid, discontinued, cancelled, or improperly used. Furthermore, the Platform shall not be liable for any inability to redeem a Voucher due to system technical issues, network outages, or platform errors.
10.8 The Platform reserves the right to withdraw, amend and/or alter any applicable terms and conditions of the Vouchers at any time without prior notice.
10.9 The Platform further reserves the right to void, discontinue reject or forfeit the use of any Voucher without prior notice for reasons including but not limited to:
(a) any suspected violation of these Terms or applicable laws, rules and regulations;
(b) any suspected fraudulent or illegal transaction; or
(c) exclusion or restriction of promotions applied by specific Vendors
11 Gift Card and Corporate Vouchers
11.1 If you are a business registered in Pakistan you are eligible to purchase and/or use any prepaid gift card (“Gift Card”) issued by ePayLinks Technology Co., Ltd (SVF license number: SVF0011) on the Platform. The Gift Card Terms and Conditions, which govern the purchase and use of the Gift Card, are available at www.foodpanda.pk
11.2 If you are a business registered in Pakistan, you are eligible to purchase and/or use any postpaid Corporate Vouchers (“Corporate Vouchers”) issued by the Platform on the Platform. The Corporate Vouchers Terms and Conditions, which govern the purchase and use of the postpaid Corporate Vouchers, are available www.foodpanda.pk. For the avoidance of doubt, Corporate Voucher is different from the Vouchers (as defined in Clause 9 above).
12 Pro Subscription
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 at foodpanda.pk or via the links on our Platform.
13 Meal-For-One (MFO) Programme
13.1 We offer meal-for-one programme (“MFO”) where you can order a solo meal via the Platform, subject to the following conditions:
(a) Minimum Order Value (“MOV”) requirements do not apply to MFO Orders;
(b) You may order multiple Orders of the same MFO combinations per order but your MFO Order cannot be combined with any non-MFO Orders;
(c) No Direct Delivery: Direct Delivery is not applicable to MFO Orders;
(d) The price published at the checkout page is inclusive of all fees (including platform fee and delivery fee). The prices and offers as stated at the checkout page are final;
(e) Group Order and other vouchers, discounts and offers cannot be used for MFO Orders, unless specifically stated otherwise;
(f) MFO orders are subject to limited availability based on the Vendors’ supply and/or your delivery address.
13.2 The Platform reserves the right, at its sole discretion and without prior notice, to amend these Terms or to temporarily or permanently, suspend, withdraw, or terminate the MFO programme at any time.
14 Group Order
Where available, you may choose to start or create a Group Order, which allows groups of people to organize 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 as follows:
14.1. Group Order. Group order is a service provided by the Platform which allows you to start a group order cart on the Platform and invite people to add their selected items directly into your cart. This makes it easier for you to organize group orders with multiple participants via the Platform.
14.2. Eligibility. You can start a group order as a host via the Platform if you are 18 years of age or older and you satisfy the other terms and conditions relating to the creation of an account and use of the Platform.
14.3. How it works
14.3.1. You can start a group order by clicking the “Group Order” icon on the mobile Platform or by clicking the “Start Group Order” button on the web Platform.
14.3.2. Once you have started a group order (“Group Order”), you will be the “host” of the Group Order. As the host, you can share a unique link or QR code (for mobile users) with other users who will then be able to participate and join in your Group Order as “guests”.
14.3.3. The host can submit the Group Order for check out at any time regardless of whether all guests have submitted their respective order(s). Guests will be able to edit, add or remove items from their order at any time until the host submits the Group Order for check out.
14.3.4. The host will be notified of any unavailable or out of stock item (“Unavailable Item”) during check out. In such a case, the host may (a) choose to add more items to the Group Order; or (b) proceed to submit the Group Order for check out. If the host proceeds to submit the Group Order for check out under (b), the Unavailable Item will be removed from the Group Order and no payment will be made in respect of the Unavailable Item.
14.3.5. Only the host will be able to determine the delivery details (e.g., date, time and delivery address), payment method and have access to the Help Centre in respect of the Group Order. All guests should reach out directly to the host if there are any questions about the Group Order.
14.3.6. No amendments or changes may be made to the Group Order or the individual orders within the Group Order after it has been submitted.
14.3.7. Guests cannot cancel the Group Order or the individual orders within the Group Order.
14.3.8. Please access the Help Centre on the Platform if you (i.e. the host) wishes to cancel the Group Order after it has been submitted or if you have any questions or issues with the Group Order.
14.4. Payment. There is no option to split payments in the Group Order. The Group Order must be submitted and paid for by the host.
14.5. Application of Platform Terms. The terms and conditions relating to the use of the Platform shall continue to apply.
14.6 Variation. The Platform may at its sole and absolute discretion modify, withdraw or discontinue, temporarily or permanently, the group order service or any part thereof at any time without prior notice. Any decisions made by the Platform in relation to this service shall be final and conclusive. All changes or updates will be made available on the Platform.
15 Groceries / pandamart / pandamart XL / Convenience Shops
15.1 The purchase of Goods from Vendors on ‘SHOPS’ on the Platform, including pandamart and vendor onboarded shops (“SHOPS”) are subject to these Terms. Additionally, you agree to comply with any and all the guidelines, notices, operating rules and 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.
15.2 Due to delivery constraints, the Platform 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.
15.3 Unless otherwise stated, all purchases from SHOPS shall be subject to the SHOPS cancellation, refund and returns policy.
15.4 For Goods whose prices are determined based on weight, the actual weight of the Goods may be less or more than the weight that you have selected. Where you have placed an order for such Goods, you will only be charged an amount that is calculated based on the actual weight of the Goods purchased, if such actual weight is equal to or lower than the weight you have selected. The aforesaid is subject to the following:
15.4.1 If you choose to pay by credit card (including paying by credit card through Google Pay or Apple Pay, if available), you will be shown a pre-estimate of the price of these Goods (“Estimated Price”) at the checkout page. You authorise us to impose a hold over an amount equivalent to the Estimated Price for up to twenty-four (24) hours. Once the actual weight of the Goods has been confirmed, the price of the Goods will then be finalised if the actual weight of the Goods is equal to or lower than the weight you have selected (“Actual Price”). The Actual Price and weight of the Goods will then be reflected in the order tracking page and you will be notified via a pop-up on the Platform or by push notification if the price of the Goods has been reduced from the Estimated Price. The invoice issued to you will reflect the Actual Price of the Goods and you will only be charged the Actual Price. If the actual weight of the Goods is more than what you have selected, such Goods will be removed from your order, and you will be notified via a pop-up on the Platform or by push notification that such Goods have been removed from your order. You will not be charged for such Goods whose weight exceed what you have selected;
15.4.2 If you have been charged with the Estimated Price instead of the Actual Price in your credit card and the Actual Price of the Goods is lower than the Estimated Price, you will be given a refund for the price difference between the Estimated Price and the Actual Price in accordance with Clause 6.8 above;
15.4.3 If you choose cash-on-delivery, you will be shown the Estimated Price at the checkout page. Once the actual weight of the Goods has been confirmed, the price of the Goods will then be finalised if the actual weight of the Goods is equal to or lower than the weight you have selected (“Actual Price”). The Actual Price and weight of the Goods will then be reflected in the order tracking page and you will be notified via a pop-up on the Platform or by push notification if the price of the Goods has been reduced from the Estimated Price. The invoice issued to you will reflect the Actual Price of the Goods and you will only be charged the Actual Price of the Goods on delivery. If the actual weight of the Goods is more than what you have selected, such Goods will be removed from your order, and you will be notified via a pop-up on the Platform or by push notification that such Goods have been removed from your order. Such Goods whose weight exceeds what you have selected will not be delivered to you, and you will not be charged for such Goods.
15.5 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. In the event of shortfalls in payment, additional amounts shall be charged to you. In the event of overpayments, excess amounts shall be refunded in accordance with our SHOPS cancellation, refund and returns policy.
15.6 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.tobacco, electronic vaping devices etc.). Any offer for any Goods made on the Platform is void when it is prohibited by law.
15.7 If you choose to purchase Goods that are close to or has passed its “best before date”, you acknowledge and agree that you are purchasing, consuming, and/or using any such Goods at your sole risk and discretion. By purchasing such Goods, you agree, to the extent permitted by applicable laws, to release and discharge the Platform and its affiliates, and their personnel and representatives from any and all claims, causes of action, damages and/or liability (whether in contract or tort) arising from or in connection with your purchase and/or consumption of such Goods. To the extent permitted by law, the Platform and its affiliates disclaims all warranties and guarantees regarding such Goods, whether express or implied, including without limitation, any warranties as to the Good’s merchantability, quality, safety and/or fitness for consumption, use or any particular purpose.
16 Donate a Meal Programme
Where available, foodpanda may offer the option where you can donate a meal to those in need via Foodlink Foundation Limited. All donations under this initiative will be transferred to Foodlink Foundation Limited as the final recipient after being processed by foodpanda. No refunds will be processed and no donation receipts will be provided for donations under this initiative. All inquiries regarding such donation shall be handled by Foodlink Foundation Limited.
17 Cashback
17.1 Where available, you may be eligible to receive a percentage of the Order value or a fixed amount (“Cashback(s)”) from any successful Order from the Vendors listed on the Platform. If you use such Cashback, you agree to be bound by and to comply with the Cashback terms and conditions, which are incorporated by reference herein and access here.
17.2 If you are a pandapro subscriber, you agree to be bound by and to comply with the pandapro Cashback Terms and Conditions, which are incorporated by reference herein and access here.
18 User-Generated Content, Verification & Transparency
18.1 Introduction of User-Generated Content Features
The introduction of reviews, ratings, or photos functionality constitutes a new feature of the service. From the date such functionality is made available, the submission, processing, moderation, and publication of user-generated content shall be governed by these Terms and applicable local law. Where required under local law, users will be appropriately informed of the introduction of such functionality.
18.2 Submission of Content
By submitting any review, rating, comment, or photo (collectively, “Content”), you confirm that such Content reflects your genuine and direct experience with the relevant product or service. We process and display Content in accordance with applicable consumer protection laws, including transparency obligations regarding the origin and handling of reviews.
18.3 Verification of Reviews
We take reasonable and proportionate steps to verify whether reviews originate from consumers who have actually used or purchased the relevant product or service. Where applicable, reviews linked to a confirmed order will be identified as “Verified Reviews.” Reviews not linked to a confirmed order may also be published but will not be designated as verified. We do not represent all published reviews as having been verified unless expressly indicated.
18.4 Moderation and Publication Criteria
We use a combination of automated tools and human review to moderate Content prior to and/or after publication. Content may be rejected, removed, or not published where it:
(i) contains personal data (PII) or unlawful, defamatory, discriminatory, or offensive material;
(ii) is unrelated to the relevant product or service;
(iii) breaches these Terms; or
(iv) is otherwise prohibited under applicable law.
Moderation decisions are applied in a consistent and non-discriminatory manner.
18.5 Integrity of Reviews
We do not edit or alter the substance or sentiment of user reviews (the “feeling” or opinion). Where Content violates our policies or applicable rules, we may remove the Content in its entirety in order to safeguard the integrity and reliability of the review system.
19 Representations, Warranties and Limitation of Liabilities
19.1 Representations and Warranties
You acknowledge and agree that the content on the Platform are 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 the Platform 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.
The Service and Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party provider being faulty, not connected, out of range, switched off or not functioning. The Platform is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
19.2 Third-party Links and Websites
The Platform may contain links to third-party websites, plug-ins, applications, or services that are not owned, operated, or controlled by us. Accessing or using any third-party link is entirely at your own risk and responsibility. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for: (1) the availability, accuracy, or completeness of such links and/or websites; (2) the content, privacy policies, terms of use, or business practices of any third-party; (3) any damage, loss, or offense caused, or alleged to be caused, by your use of or reliance on any third-party content, goods, or services.
19.2 Limitation of Liability
19.2.1 To the extent permitted by law, the Platform (which shall include its employees, personnel 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 Platform 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 Platform 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.
Where jurisdictions do not allow the exclusion of certain damages, the Platform’s liability shall be limited to the maximum extent permitted by law. In all other cases, any claim against the Platform shall be capped at the aggregate amount actually paid or owed by you for the specific transaction giving rise to the claim.
19.3.2 The Platform shall not be a party to any disputes or negotiations of disputes between you and Vendor’s delivery rider ,service providers including Vendors, advertisers and/or sponsors, Riders and/or third party. Responsibility for the decisions you make regarding services and/or products offered via the service and/or the Platform (with all its implications) rests solely with and on you. You expressly waive and release the Platform from any and all liability, claims, causes of action, or damages arising from your use of the service and/or the Platform, or in any way related to the third parties including Vendors, Rider, Vendor’s delivery rider, advertisers and/or sponsors introduced to you by the service and/or the Platform.
20 Vendor Representations and Limitation of Liability
You acknowledge and agree that Vendors are independent third-party contractors and are not employees, partner agents, or representatives of the Platform. The Platform acts solely as a technology platform connecting you with the Vendors, and where applicable, facilitating independent delivery services.
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. To the maximum extent permitted by law, the Platform shall not be liable for any acts, omissions, errors, representations, warranties, breaches, or negligence of any Vendor, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Consequently, the Platform shall not be responsible nor liable for any loss, damage, expenses, costs or fees arising from your contractual relationship with the Vendor.
The Platform does not manufacture, sell, control, or inspect any of the Goods or services offered by the Vendors. The Platform explicitly disclaims all liability regarding the quantity, quality, condition, merchantability, fitness for purpose, safety, or physical condition of any Goods.
All the Vendor listing/offering, including menu information, photographs, images of the Goods, allergen information, promotional discounts, are all provided directly by the Vendor. The Platform does not verify, warrant, or guarantee the accuracy, completeness, or reliability of these information. You rely on such information entirely at your own risk.
Nothing in these Terms shall operate to exclude or limit the Vendor’s direct liability to you for death or personal injury arising from the Vendor’s gross negligence, wilful misconduct, or failure to comply with applicable food safety and consumer protection laws. Where applicable, the Platform’s role as a payment collection agent is solely mechanical and administrative in nature and the Platform does not owe to you a duty of care or any fiduciary duties.
21 Personal Data Protection
You agree and consent to the Platform and any of its affiliated 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 or via links on our Platform.
22 Indemnity
You agree to indemnify, defend, hold harmless the Platform, its parent company, subsidiaries, affiliates and their respective directors, officers, employees, representatives, agents, from and against any and all third party demands, actions, claims, liabilities, damages, penalties and/or costs (including but not limited to, legal fees) arising out of, relating to, or in connection with:
22.1 your access to, use of, or misuse of the Platform, including any content, data, or materials you submit post, or transmit through it;
22.2 your use of the Services, Orders, or your interactions and transactions with Vendors, riders, or other third parties via the Platform;
22.3 any breach or alleged breach of these Terms, our Privacy Policy, or any other Platform guidelines, policies, or supplemental terms incorporated herein;
22.4 your violation of any applicable local, national, or international laws, regulations, ordinances, or your infringement or violation of any intellectual property, privacy, publicity, or other rights of any third party.
23 Termination
The Platform 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 the Platform, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. The Platform may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platform.
24 Amendments
The Platform 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.
25 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.
26 Governing Law
These Terms, and any dispute, controversy, or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Islamic Republic of Pakistan. Any dispute, controversy, difference, or claim arising out of or relating to these Terms, including its existence, validity, interpretation, performance, breach, or termination, shall be subject to the exclusive jurisdiction of the courts of the Islamic Republic of Pakistan.
27 Contact Us
If you wish to contact us regarding any questions or comments you may have, please send a message to our in-app customer support chat feature or reach out to us via the Help Center available on the Platform.
28 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.