Updated: 27th May 2026
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 Food Hong Kong 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 carefully.
By accessing and using the Platform, you agree that you have read, understood and accepted the Terms and consent to the processing of your personal data in accordance with the terms set out in the Privacy Policy.
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 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.
If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform immediately.
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.
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).
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.foodpanda Bangladesh (www.foodpanda.com.bd)
2.foodpanda Cambodia (www.foodpanda.com.kh)
3.foodpanda Hong Kong (www.foodpanda.hk)
4.foodpanda Laos (www.foodpanda.la)
5.foodpanda Malaysia (www.foodpanda.my)
6.foodpanda Myanmar (www.foodpanda.com.mm)
7.foodpanda Pakistan (www.foodpanda.pk)
8.foodpanda Philippines (www.foodpanda.ph)
9.foodpanda Taiwan (www.foodpanda.com.tw)
10.foodpanda Singapore (www.foodpanda.sg)
foodpanda is a technology company which provides a platform for users to obtain certain type services.
Depending on the service in question, the services may be supplied by foodpanda or a third party provider.
Where the service is provided by a third party provider, foodpanda’s role is merely to link the user with such third party provider.
foodpanda 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 foodpanda and the solutions or the services provided by third party providers shall not be deemed to be provided by foodpanda.
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, 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 affiliated entities, or us.
Where the Vendors are operated by third party vendors, we are authorised by such Vendors to accept payment on their behalf.
1.3 How to contact us
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.
2. Use of the Platform and foodpanda Account
2.1 You will need to register for a foodpanda account for you to use the Platform.
When you register for a foodpanda account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. We reserve the right to transmit a One-Time Pin (“OTP”) via Short Message Service (“SMS”) or through messaging platforms such as Whatsapp or any other similar communication applications, at our sole discretion. 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 access the Help Center on our Platform. 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; or
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.
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, rules 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 behavior;
3.1.6 posting telephone numbers, street addresses, or last names of any person;
3.1.7 posting URLs to external websites or any form of HTML or programming code;
3.1.8 posting anything that may be “spam,” as determined by foodpanda in its sole discretion;
3.1.9 impersonating another person when posting content;
3.1.10 harvesting or otherwise collecting information about others, including email addresses, without their consent;
3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;
3.1.12 harassing, threatening, stalking, or abusing any person on the Platform;
3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the sole discretion of foodpanda, exposes foodpanda or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
3.1.14 encouraging other people to engage in any prohibited activities as described herein.
3.2 foodpanda reserves the right but is not obligated to do any or all of the following:
3.2.1 investigate an allegation that any content posted on the Platform does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
3.2.3 suspend or terminate a user’s access to the Platform or their foodpanda Account upon any breach of these Terms;
3.2.4 monitor, edit, or disclose any content on the Platform; and
3.2.5 edit or delete any content posted on the Platform, regardless of whether such content violates these standards.
4. Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material, whether registered or unregistered, are the intellectual property of foodpanda and/or third parties who have authorised us with the use (collectively the “Trademarks”).
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent.
The use of the Trademarks on any other website not approved by us is strictly prohibited.
foodpanda will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
foodpanda neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with foodpanda. Use of any materials on the Platform is at your own risk.
5. Restrictions on Goods
5.1 Some of the Goods we offer on our Platform are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from.
These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force.
By placing an Order for Restricted Goods, you confirm that you meet the legal requirements to purchase them.
5.2 Alcohol / Alcoholic Products (“Alcohol”)
To purchase Alcohol, you must be of the statutory legal age. foodpanda, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:
5.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver Alcohol;
5.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or
5.2.3 to refuse delivery to any persons for any reason whatsoever.
5.3 Cigarettes/Tobacco Products (“Tobacco”)
5.3.1 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.
5.3.2 To purchase Tobacco, you must be of the statutory legal age. foodpanda, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:
(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.
5.4 Any offer for any Alcohol and Tobacco made on the Platform is void when it is prohibited by law.
6. Orders
6.1 When you place an Order with foodpanda, foodpanda will confirm your Order by sending you a confirmation email containing the Order receipt.
Where applicable, Orders will include delivery fees and any applicable tax.
6.2 Minimum Order Value - Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you.
Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.
6.3 Special Instructions – foodpanda and the Vendor (as the case may be) reasonably endeavour to comply with your special instructions for an Order.
However in some cases where this is not feasible, possible or commercially reasonable, foodpanda and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures.
Neither foodpanda nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
6.4 Allergens – foodpanda is not obligated to provide ingredient information or allergen information on the Platform.
Further, foodpanda does not guarantee that the Goods sold by Vendors are free of allergens, unless otherwise required by applicable laws.
If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platform.
6.5 Please note that your Order may be subject to additional terms and conditions provided by the Vendor.
6.6 Prior to placing the Order
6.6.1 You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.
6.6.2 Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart.
6.7 Placing the Order
To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’.
You may be required to provide additional details for us to complete your Order.
You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”.
An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.
6.8 Cancelling an Order
6.8.1 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.
6.8.2 Refunds
(i) Online Payment Orders
You have the right to a refund for a cancelled Order only if a Vendor has not yet accepted your Order.
Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.
(ii) Cash-on-Delivery Orders
You have the right to cancel your Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future Orders.
We may require you to provide additional information or supporting documents prior to processing any refund, including picture proof of physical receipts for Pick-Up Orders. We may, in our sole discretion, refuse to process any refund if you fail to provide such additional information or supporting documents.
If you have not received a refund, you may wish to check your bank account again or contact your credit card company or bank as it may take some time for your refund to be posted. If you have done all of this and you still have not received your refund, please contact customer support via one of the methods set out in Clause 1.3 above.
6.9 Foodpanda reserves the right to cancel any Order and/or suspend, deactivate or terminate your foodpanda account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your foodpanda account and/or with your Order.
7. Prices and Payments
7.1 Prices quoted on the Platform shall be displayed in the applicable country’s national currency.
You accept that prices and offers on the Platform may vary from the prices and offers offered by our Vendors elsewhere (including their own websites, mobile applications, or at their brick-and-mortar outlets).
7.2 Delivery fees are chargeable on every Order unless:
7.2.1 you opt to collect your Order directly from the Vendor (“Pick-Up”); or
7.2.2 you have a valid promotional or discount voucher and apply it at Checkout; or
7.2.3 it is stated otherwise.
7.3 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.
7.3A A breakdown of the prices and additional charges are displayed before Checkout.
When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
7.4 You can choose to pay for an Order using any of the different payment methods offered on the Platform including:
7.4.1 Our payment partners: Visa, Mastercard, American Express, Google Pay, PayPal, Apple Pay;
7.4.2 Cash-on-Delivery; or
7.4.3 Such other payment method we offer from time to time.
7.5 If you have existing credit in your foodpanda account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be.
7.6 After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt.
Delivery fees will not appear in your Order receipt if you opt for Pick-Up.
7.7 Payment Methods
foodpanda reserves the right to offer additional payment methods and/or remove existing payment methods at anytime in its sole discretion.
If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future Orders. foodpanda does not store your credit card or payment information.
7.8 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order.Insofar as required, foodpanda takes responsibility for payments made on our Platform including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
7.9 Rider Tip
7.9.1 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”).
foodpanda 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.
7.9.2 For Orders cancelled before delivery, foodpanda will process a refund of any Rider Tip paid by you to the payment method used for the Order.
Refunds will require time to be processed by us, your credit card company and/or your bank.
It can take anywhere from 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.
7.9.3 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.
7.9.4 If you have any questions or issues regarding your Rider Tip, please reach out to our customer support via the in-app chat feature available on the Platform.
8. Delivery, Pick-Up and Vendor Delivery
8.1 Delivery Areas
You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platform, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.
8.2 Delivery Time
8.2.1 foodpanda shall facilitate the delivery of your Order to the delivery address provided by you. You may choose for your Order to be delivered with “Standard Delivery”, “Saver Delivery”, “Direct Delivery” or “Scheduled Delivery” (as defined in 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.
If your Order contains Alcohol or Tobacco (if applicable) and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, foodpanda reserves the right not to deliver your Order to you.
8.3 Unsuccessful or Failed Deliveries
8.3.1 Without prejudice to any other clauses in these Terms, in cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:
(i) no one was present or available to receive the Order;
(ii) customer was uncontactable despite attempts to reach customer via the phone number provided; 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) in the case of Restricted Goods, customer did not meet the statutory age requirements or the delivery rider did not deem it safe or appropriate for customer to receive the Restricted Goods.
We will contact you via, among others, call or message, or email, to inform the unsuccessful delivery and next steps. In such cases, foodpanda reserves the right to cancel the Order without refund or remedy to you.
8.3.2 No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, foodpanda reserves the right to cancel the Order without refund or remedy to you.
8.4 Wrong Order, Missing Items, Defective Goods
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please immediately contact customer support via the method set out in Clause 1.3 above. In some cases, foodpanda may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
8.5. Pick-Up
8.5.1 Where available, you will have the option of collecting your Order in-person directly from the Vendor’s premises ("Pick-Up") instead of having the Order delivered to You. Your email confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.
8.5.2 In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption).
In this case, you shall not be entitled to a replacement, refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Vendor before leaving the Vendor’s premises.
8.6. Vendor Delivery
In some cases, our Vendors will deliver the Order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in the event of issues or delays in your delivery. foodpanda shall not be responsible in any way for Orders or Goods that are delivered by Vendor.
8.7. 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 rider in the rider app. In the event our riders have exhausted the attempts and still failed to input the correct Delivery PIN, our rider may request other verification methods such as taking a photo of your order with your house / unit number plate (if applicable).
9. Vouchers, Discounts, Gifts and Promotions
9.1 From time to time, foodpanda may run marketing and promotional campaigns which offer gifts with purchase (“Gifts”), voucher codes, discounts, and other promotional offers to be used on the Platform (collectively “Vouchers”). Vouchers and Gifts are subject to validity periods, redemption periods, use restrictions, limits and/or other availability. All Vouchers and Gifts are offered on the “first-come, first served” and “while stocks last” basis, i.e. the campaign period may end earlier without prior notice to you.
9.2 Vouchers and Gifts may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions (including vendor-specific terms) may apply to Vouchers and Gifts.
9.3 Unless otherwise stated, Vouchers can only be used on the foodpanda Platform.
9.4 Vouchers and Gifts are non-transferable, non-exchangeable, non-refundable and cannot be exchanged for cash.
9.5 For an Order which qualified for the Gifts, should such Order be refunded, cancelled or void, foodpanda has the sole discretion to:
(a) determine the full value of the Gifts; and
(b) deduct such value from the refund amount in accordance with foodpanda’s refund policy.
9.6 foodpanda does not warrant the quality or performance of the Gifts and shall not be responsible for any damages including, but not limited to, the loss of life, injury to person and/or damage to property arising from or in connection with the promotion and/or use of the Gifts.
9.7 foodpanda shall not be liable to any person and/or be liable to offer replacement of any Voucher, cash or otherwise compensate any person for expired, invalid, discontinued or cancelled Vouchers; improper use of, or inability to redeem any Vouchers; or the inability to redeem a Voucher due to technical issues.
9.8 foodpanda may withdraw, amend and/or alter any applicable terms and conditions of the Vouchers and Gifts at any time without prior notice.
9.9 foodpanda reserves the right to void, discontinue or reject the use of any Voucher without prior notice for reasons including but not limited to:
(a) any suspected violation of applicable laws, rules and regulations; or
(b) any suspected fraudulent or illegal transaction.
9.10 foodpanda further reserves the right to void, discontinue or reject the use of any Voucher without prior notice.
9.11 foodpanda may at its sole and absolute discretion forfeit, exclude, disqualify, or refuse your use of Vouchers from certain Vendors and Gifts redemption at any time without prior notice to you.
10. Gift Card and Corporate Vouchers
10.1 If you are a business registered in Hong Kong, you are eligible to purchase and/or use any foodpanda prepaid gift card (“Gift Card”) issued by ePayLinks Technology Co., Ltd (SVF license number: SVF0011) on the Platform.The foodpanda Gift Card Terms and Conditions, which govern the purchase and use of the foodpanda Gift Card, are available here.
10.2 If you are a business registered in Hong Kong, you are eligible to purchase and/or use any foodpanda postpaid Corporate Vouchers (“Corporate Vouchers”) issued by foodpanda on the Platform. The foodpanda Corporate Vouchers Terms and Conditions, which govern the purchase and use of the foodpanda postpaid Corporate Vouchers, are available here. For the avoidance of doubt, Corporate Voucher is different from the Vouchers (as defined in Clause 9 above).
11. Representations, Warranties and Limitation of Liabilities
11.1 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 foodpanda makes reasonable efforts to ensure the provision of the Platform and the services we offer, are available at all times, we do not warrant or represent that the Platform shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
11.2 Limitation of Liability
11.2.1 To the extent permitted by law, foodpanda (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 foodpanda entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platform or for any other claim related in any way to your use of the Platform. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the foodpanda entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, foodpanda, the foodpanda entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law. Unless otherwise stated, and to the fullest extent allowed by law, any claims against foodpanda by you shall be limited to the aggregate amounts actually paid by and/or due from you in utilizing the service during the event giving rise to such claims.
11.2.2 foodpanda shall not be a party to any disputes or negotiations of disputes between you and Vendor’s delivery rider or providers including Vendors, advertisers and/or sponsors including any 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 foodpanda 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.
12. Vendor’s representations
foodpanda shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods and where Vendor Delivery applies to your Order. foodpanda does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors nor guarantee the accuracy or completeness of the information (including menu information, photographs and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct. Where applicable, foodpanda’s role as a payment collection agent is solely mechanical and administrative in nature and foodpanda does not owe to you a duty of care or any fiduciary duties.
13. Internet Delays
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. foodpanda is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
14. Vendor Liability
Vendors are solely responsible for the preparation, condition and quality of Goods sold to you. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. foodpanda shall not be responsible nor liable for any loss, damage, expenses, costs or fees arising from your contractual relationship with the Vendor.
15. Personal Data (Personal Information) Protection
You agree and consent to foodpanda 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.
16. 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 access here.
17. Meal-For-One (MFO)
17.1 We offer meal-for-one programme (“MFO”) where you can order a solo meal via our platform.
17.2 The Order of MFO available on the platform is subject to the following terms and conditions :
17.2.1 notwithstanding clause 6.2, minimum order value (“MOV”) will not be applicable to MFO Orders.
17.2.2 you can have multiple Orders of the same MFO combination per order but your MFO Order cannot be combined with any other Orders.
17.2.3 Direct Delivery will not be applicable to MFO Orders.
17.2.4 the price published at the checkout page is inclusive of all fees (including platform fee and delivery fee).
17.2.5 the prices and offers as stated at the checkout page are final.
17.2.6 Group Order and other vouchers, discounts and offers cannot be used for MFO Orders, unless specifically stated otherwise.
17.3 foodpanda reserves the right to amend or change any terms and conditions above with or without prior notice to you.
17.4 foodpanda may, temporarily or permanently, discontinue, withdraw or terminate this MFO programme at anytime without prior notice to you.
17.5 MFO shall be subject to limited availability, depending on the restaurant’s supply and/or delivery address.
18. Group Order
Where available, you may choose to start or create a Group Order, which allows groups of people to organise group orders. If you choose to start or create a Group Order, you agree to be bound by and to comply with the Group Order terms and conditions, which are incorporated by reference and accessible here or via the links on our Platform.
19. Indemnity
You agree to indemnify, defend, hold harmless foodpanda and its directors, officers, employees, representatives, agents, and affiliates, from any and all third party actions, claims, liabilities, damages, penalties and/or costs (including but not limited to, legal fees) arising from or related to your:
19.1 use of the Platform;
19.2 use of the Services; or
19.3 breach of these Terms.
20. Third Party Links and Websites
The Platform may contain links to other third party products, websites, services and offers and by clicking on these third party links, you agree to do so at your own risk. These third party links, products, websites and services not owned or controlled by us. foodpanda does not control or endorse these third party websites or links and shall not be responsible for the content, functionality, security, services, privacy policies, or other practices of these third party linked pages. We accept no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.
21. Termination
foodpanda has the right to terminate, suspend or delete your account and your access to or use of the Platform, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if foodpanda, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. foodpanda may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Platform.
22. Amendments
foodpanda may amend these Terms at any time in its sole discretion and the amended Terms shall be effective immediately upon posting subject to applicable laws.. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platform immediately.
23. 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.
24. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the country / courts of jurisdiction in which the relevant foodpanda entity is incorporated as set out in the table below. The following courts specified together with the relevant foodpanda entity will have jurisdiction over any dispute or claim arising out of or in connection with these Terms and the use of the Platform:
1.foodpanda Bangladesh (www.foodpanda.com.bd); Peoples’ Republic of Bangladesh
2.foodpanda Cambodia (www.foodpanda.com.kh); Kingdom of Cambodia
3.foodpanda Hong Kong (www.foodpanda.hk); Hong Kong S.A.R., People’s Republic of China
4.foodpanda Laos (www.foodpanda.la); Lao People's Democratic Republic
5.foodpanda Malaysia (www.foodpanda.my); Malaysia
6.foodpanda Myanmar (www.foodpanda.com.mm); Republic of the Union of Myanmar
7.foodpanda Pakistan (www.foodpanda.pk); Islamic Republic of Pakistan
8.foodpanda Philippines (www.foodpanda.ph); Republic of the Philippines
9.foodpanda Taiwan (www.foodpanda.com.tw); Taiwan, Republic of China
10.foodpanda Singapore (www.foodpanda.sg); Republic of Singapore
25. 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.
26. Groceries / pandamart / pandamart XL / Convenience Shops
26.1 The purchase of Goods from Vendors on ‘SHOPS’ on the Platform, including pandamart and pandamart XL (“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.
26.2 Due to delivery constraints, foodpanda may be required to impose a cap on the amount of your Order or limit the quantities of Goods in your Order from SHOPS in its sole discretion.
26.3 Unless otherwise stated, all purchases from SHOPS shall be subject to the SHOPS cancellation, refund and returns policy.
26.4 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:
26.4.1 If you choose to pay by credit card (including paying by credit card through Google Pay or Apple Pay), 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;
26.4.2 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;
26.4.3 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.
26.5 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.
26.6 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. alcohol, tobacco, etc.). Any offer for any Goods made on the Platform is void when it is prohibited by law.
26.7 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 foodpanda 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, foodpanda 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.
27. 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.
28. User-Generated Content, Verification & Transparency
28.1 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.
28.2 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.
28.3 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.
28.4 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.
28.5 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.
29. Cashback
29.1 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.
29.2 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.
30. Delivery Options
foodpanda offers the following delivery options:
30.1 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.
30.2 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.
30.3 Direct Delivery
The direct delivery programme (the “Direct 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 foodpanda Orders are involved. Do note that the delivery timing shown on the Platform is an estimate and not a guaranteed timing.
30.4 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.
30.5 Saver Delivery, Direct Delivery and/or Scheduled Delivery may be changed, withdrawn or terminated by foodpanda at any time without prior notice to you.foodpanda 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.
31. 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.