TERMS AND CONDITIONS | FOODPANDA

Published: 15th Dec 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 Pakistan (Private) 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/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 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.pk/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 through our in-app customer support chat feature on Help Center.

2 Use of the Platform and foodpanda Accoun

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
pAll 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.
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.pk) or via the links on our Platform.