Effective Date: June 30, 2023
Pandapay Terms and Conditions
Please read these pandapay Terms and Conditions (“pandapay Terms”) carefully before registering for, accessing or using your pandapay located at https://www.foodpanda.com.tw/ (“Foodpanda Website”) or the Foodpanda mobile application (hereinafter collectively referred to as “Foodpanda Platform”) on any device and/or before using any services in relation to pandapay that may be offered by Foodpanda on the Foodpanda Platform (hereinafter referred to as “Services”). These pandapay Terms form a legal agreement between you (“User” or “you”) and Foodpanda Taiwan Co. Ltd. (“Foodpanda” or “we”). These pandapay Terms are supplemental to and deemed to be incorporated into the Terms of Use located at https://www.foodpanda.com.tw/en/contents/terms-and-conditions.htm, which govern your use of the Foodpanda Platform. All capitalized terms used but not otherwise defined herein shall have the same meanings ascribed to them in the Terms of Use.
Whenever the context requires, “User” or “you” shall mean any natural or legal person who is a resident of Taiwan or non-Taiwanese resident who has registered for the pandapay by accepting these pandapay Terms.
You agree and acknowledge that you have read the pandapay Terms set forth below. If you do not agree to these pandapay Terms or do not wish to be bound by these pandapay Terms, please do not use the Services and the pandapay and/or immediately discontinue your use of the Services and / or the pandapay.
Foodpanda may amend these pandapay Terms at any time by publishing an updated version on the Foodpanda Website. The updated version of the pandapay Terms shall take effect immediately upon being published on the Foodpanda Website. It is your responsibility to review these pandapay Terms periodically for any updates or changes. Your continued use of the Services following the publication of such changes will mean that you accept and agree to the revised pandapay Terms.
Your use of the Services, pandapay and the Foodpanda Platform indicates your agreement to these pandapay Terms, so please read the pandapay Terms carefully before proceeding. By impliedly or expressly accepting these pandapay Terms, you also accept and agree to be bound by Foodpanda’s policies (including, but not limited to, our Privacy Policy) available on the Foodpanda Website, as may be amended from time to time.
1. Who we are
These pandapay Terms regulate the use of the pandapay offered by Foodpanda on the Foodpanda Platform.
2. Refunds
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a. If you are entitled to a refund in accordance with the refund and cancellation policies set out in the Terms of Use, the default mode of refund for Orders in which payments were done through credit cards, debit cards will be a refund to your pandapay. The amount approved for refund to you shall be in Foodpanda’s sole discretion. The refund will be processed as soon as reasonably practicable and will be instantaneous where possible. Once the refunded amount is reflected in your pandapay, the refunded amount can be redeemed immediately on your next order.
b. If your original payment method is through a credit card or debit card, you have the option to transfer the Refund Amount in pandapay to your original payment method at any time from the date the refund is made to your pandapay. Please note, the refund, including refund to credit card or debit card, may take seven (7) to fourteen (14) business days subject to the processing time of the banks. .
c. For Orders in which payments were made through COD, you may choose to receive the refund by vouchers or we will request you to designate a bank account and the refund will be processed to that account. Foodpanda has the right to exercise its discretion in determining the amount to be refunded to you. .
3. Features and Use of balance in pandapay
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a. Foodpanda will in accordance with the terms of these Refund Terms provide you with access to and the use of pandapay on the Platform which will display a ‘balance’, reflecting the refunds that arise due to cancellations and returns of your online transactions in accordance with the refund and cancellation policies set out in these Refund Terms and Terms of Use on the Foodpanda Platform or as maybe otherwise specified by the Platform from time to time
b. Payment for future orders on the Foodpanda Platform
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i. The balance in your pandapay can only be used to purchase goods and/or services from the vendors listed on the Foodpanda Platform (“Vendors”).
ii. If you choose to utilize the balance in your pandapay for an Order and the value of the Order exceeds the balance in your pandapay, the balance in your pandapay shall be utilized in full and the remaining amount of the Order shall be charged to the payment method chosen by you.
iii. If you choose to utilize the balance in your pandapay for an Order and the value of the Order is less than the balance in your pandapay, Foodpanda will only deduct the value of the Order from the balance in pandapay may be used on subsequent Orders.
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i. In case you have opted in for pandapay to be the default setting for all applicable refunds, as per Paragraph 2.a. above, the balance in your pandapay can be transferred back to your original payment method, i.e., the credit or debit card through which the payment was originally made for the respective Order.
ii. To request for the balance to be transferred to your original payment method for a specific transaction, please visit the respective order from your Transaction History and request for the transfer.
4. General Terms of Use for pandapay
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a. The balance in pandapay can only be used to purchase goods and/or services from Vendors on the Foodpanda Platform.
b. pandapay and the monetary value you hold in it is not transferable to a third party, except the on-request transfer back to the original payment method of the Order. .
c. No interest or reward of any kind is payable on your balance in pandapay.
d. Each User is permitted to operate only one (1) pandapay. Any suspected violation of this condition shall constitute grounds for suspension and/ or termination of the User’s access to all pandapay of the User.
e. Each User is also solely responsible for his pandapay and Foodpanda shall not be held responsible for any loss/damage arising from the use of pandapay by a third party authorized by the User. Any action of such third party shall be considered to be an action authorized by you. Further, the User acknowledges and agrees that the User will not hold Foodpanda responsible for, and will indemnify Foodpanda from, any liability arising out of or related to any act or omission of any third party with access to his Foodpanda Account and/ or pandapay.
f. Foodpanda may, from time to time, require additional information from you regarding your identity and your use of pandapay, including transactions made thereon, identification information and number of pandapay being held by you. You agree that you will provide, in good faith, accurate, complete and truthful responses to such queries from Foodpanda, and your failure to do so may result in the immediate suspension or termination of your pandapay and/or Foodpanda Account.
g. Foodpanda reserves the right to suspend/discontinue pandapay at any time, for any cause, including, but not limited, to the following:
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i. for any suspected violation of any applicable laws, rules, regulations, orders, directions, notifications and guidelines, including notices and guidelines issued by the competent authorities from time to time or for any violation of any instructions or notifications issued by Foodpanda to the User from time to time or any terms of usage of Foodpanda’s services, including these pandapay Terms; or
ii. for any suspected discrepancy, false information and/or inaccuracies in the User’s Details and any other identification, financial information or supporting documents provided by the User; or
iii. to combat potential fraud, sabotage, money laundering, terrorism financing, willful destruction, or for any other force majeure event; or
iv. Foodpanda in its sole opinion and discretion believes that cessation/suspension of Pandapay is necessary for any other legitimate purpose.
h. Validity of Balance in pandapay: The balance reflected in your pandapay does not expire as long as you have a valid Foodpanda Account, while Cashback is subject to the validity period as specified in the general cashback terms, as well as any subsequent applicable promotional terms and conditions. In the event that you opt-out of receiving the refunds in pandapay, you may redeem the outstanding balance in your pandapay at any time by making a purchase on the Foodpanda Platform. However, if your Foodpanda Account is suspended or terminated by Foodpanda pursuant to Paragraph (d), (f), (g) or (l), the suspension or termination may take place with immediate effect and you may not be permitted to utilize any outstanding balance in your pandapay. Foodpanda will settle your outstanding balance and transfer the money to your designated account or to your original payment method upon request once the transfer is not prohibited by any relevant laws and regulations. If the transfer is prohibited by law, your outstanding balance will be forfeited.
i. Charges: Eligibility of pandapay is free at present. Foodpanda does not charge Users any fee for their use of pandapay. However, Foodpanda reserves the right to change its fee policy from time to time. In particular, Foodpanda may at its sole discretion introduce new Services and modify some or all the existing Services offered. In such an event, we reserve the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the fee policy shall be posted on the Foodpanda Website and such changes shall automatically become effective after they are published on the Foodpanda Website.
j. Prohibited Uses of pandapay: Without prejudice to the other restrictions and limitations contained above, you shall not have any of the following behaviors under any circumstances:
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i. use pandapay to defraud Foodpanda, our affiliates or other members or users, or engage in other unlawful activities (including, without limitation, dealing in products or services prohibited by law);
ii. use pandapay in such a manner that violates, or causes Foodpanda to violate, any law, statute, ordinance or regulation;
iii. impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signatures or perform any other fraudulent activity;
iv. post or transmit any message, image or data which is pornographic, obscene, abusive, offensive, inappropriate, unlawful, infringing, inaccurate, false, defamatory, violent, or otherwise objectionable in nature;
v. purchase any products or services using fraudulent, misappropriated, or unlawfully obtained funds;
vi. use the balance in pandapay in a manner that may result in complaints, disputes, imposition of fines, penalties, chargebacks or any other liability to Foodpanda;
vii. use pandapay for money laundering, terrorism financing, tax evasion or any other illegal activities.
k. Your Responsibilities: In connection with your use of pandapay, it shall be your responsibility to adhere to the following:
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i. Promptly inform Foodpanda of any unauthorized usage of your pandapay and any other circumstances which may lead to unauthorized usage of your pandapay. The responsibility of any transaction prior to intimation, will solely be on the registered User;
ii. If you receive an erroneous transfer to your pandapay and such error is brought to your attention, you agree to return and cooperate with the steps taken by Foodpanda to return such erroneously-transferred value to Foodpanda promptly. Please note that it may be an offence to retain and/or use any value that you are aware has been transferred to you in error;
iii. that when you acquire goods and/or services from a Vendor and pay the Vendor through pandapay, you understand that you enter into a contract with the Vendor and we are not a party to the contract between you and the Vendor. Foodpanda shall not be liable for any loss or damage arising from your contractual relationship with the Vendor. In addition, Foodpanda is under no obligation to monitor the quality of the Vendor’s service used by you; the Vendor alone will be responsible for all obligations under the contract between you and the Vendor, including, but not limited to, warranties or guarantees. Foodpanda shall not be responsible or liable for any deficiency in the preparation, condition, and quality of goods and/or services purchased from Vendors using the balance in pandapay;
iv. to use pandapay in good faith and in compliance with all applicable laws and regulations, all instructions or notifications issued to you by Foodpanda from time to time, and these pandapay Terms; and
v. to be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied by a merchant or otherwise arising from transactions.
l. Unauthorized Transactions and Redressal:
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i. An unauthorized transaction occurs when a payment is made from or to your pandapay that you did not authorize. For example, if someone makes a transaction from your pandapay using a stolen password, an unauthorized transaction has occurred. If you provide access to your Foodpanda Account and/ or pandapay to a third party (by disclosing your login information or any other information) and they conduct transactions without your knowledge or permission, you are responsible for any resultant use.
ii. The liability of any misuse is solely yours, until you report the issue to Foodpanda.
iii. In the event of an unauthorized transaction made using your Pandapay, you must report the misuse of your pandapay to Foodpanda immediately if you believe:
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1. there has been an unauthorized transaction or unauthorized access to your pandapay; or
2. your username and password for your Foodpanda Account has been compromised
v. To prevent further harm, Foodpanda has the right to terminate your account in this situation, without assuming any liability for damages.
5. Intellectual Property
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a. Trademarks
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b. Foodpanda Platform, pandapay and the Services
These pandapay Terms do not convey to you any rights of ownership in or related to the Foodpanda Platform, pandapay or the Services, or any intellectual property rights owned by Foodpanda, its parent company and/or its affiliates.
For the avoidance of doubt, Foodpanda’s name, logo, and the third-party logos and product names associated with the Foodpanda Platform and the Services are trademarks of Foodpanda, its parent company, affiliates and/or third parties, and no right or license is granted to use them.
6. Data Privacy and Personal Data Protection Policy
You agree and consent to Foodpanda collecting, using, disclosing and processing your personal data in accordance with our Privacy Policy: https://www.foodpanda.com.tw/contents/privacy.htm
7. Indemnification
By agreeing to these pandapay Terms and upon using the Services and/or pandapay, you agree that you shall defend, indemnify and hold Foodpanda, its parent company, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
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a. your use of the Services, pandapay and/or the Foodpanda Platform in your dealings with any third parties, including, but not limited to, the Vendors, delivery agents and other users of the Foodpanda Platform;
b. your violation or breach of any of pandapay Terms or any applicable law or regulation;
c. your violation of any rights of any third party;
d. your misuse of the Services and/or the Foodpanda Platform.
8. No Warranties; Limitation of Liability
The Services are provided to you strictly on an “as is” and “as available” basis without any warranty of any kind and Foodpanda does not authorize any third party to make any warranty on our behalf. To the fullest extent permitted by law, Foodpanda makes no representations or warranties, whether express, implied, statutory or other, including without limitation, any implied warranty as to the accuracy, reliability, timeliness, quality, suitability, availability, completeness, merchantability, or fitness for a particular purpose, or non-infringement of third party rights, or that the Services will be uninterrupted, timely or error-free, in relation to any data and information on pandapay and the Services. Further, Foodpanda does not represent or warrant that the data and information on pandapay, and the Services will meet your requirements. All data and information in and shown on pandapay are believed by Foodpanda to be accurate to the best of its knowledge, but because of the possibility of human and mechanical error, delays or interruptions, system downtime, and other factors, all data and information in and shown on pandapay, are provided on an “as is” and “as available” basis.
The use of Pandapay, Services and the Foodpanda Platform may be subject to limitations, delays, security issues, and other problems inherent in the use of the internet and electronic communications, including the device used by you being faulty, not connected, out of range of mobile signals or functioning incorrectly. Foodpanda is not responsible for any delays, delivery failures, damages or losses resulting from such problems. You agree that all risks arising from online transactions will be borne by you.
To the fullest extent permitted by law, Foodpanda shall not be liable in contract or otherwise for any direct, indirect, special, punitive or consequential loss or damage, including without limitation data loss or economic loss, sustained by you or any other party by the direct or indirect use of or reliance on pandapay, the Services, Foodpanda Platform or the data or information therein and shown thereon. To the extent that Foodpanda incurs any liability notwithstanding the foregoing sentence, Foodpanda’s liability shall in no event exceed the amount paid by you for the use of the Services giving rise to the cause of action.
9. Assignment
These Pandapay Terms, as may be modified from time to time, may not be assigned by you without the prior written approval of Foodpanda. Foodpanda may assign these Pandapay Terms, whether in whole or in part, to any third party, including its affiliates or related entities, without your consent.
10. Notices
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a. Foodpanda may give notice by means of a general notice on the Foodpanda Platform, or by electronic mail to your email address in the records of Foodpanda, or by written communication sent by registered mail or pre-paid post to your physical address in the records of Foodpanda. Such notice shall be deemed to have been given upon the expiration of two (2) working days after the date of posting (if sent by registered mail or pre-paid post) or one (1) hour after sending (if sent by email or posted on the Foodpanda Platform).
b. You may give notice to Foodpanda by written communication sent by courier or registered mail to Foodpanda’s registered address. Such notice shall be deemed to be given upon written acknowledgment of receipt by an officer or other duly authorized representative of Foodpanda.
11. General Terms of Cashback
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a. When you make a successful Order (as defined in the Terms of Use) from the vendors listed on the Platform (as defined in the Terms of Use), you may be eligible to receive a percentage of the Order value or a fixed amount (“Cashback(s)”) into your pandapay (as defined in the pandapay Terms and Conditions).
b. The Cashback will be credited to your pandapay immediately after you make an eligible Order that was paid and delivered, unless otherwise stated.
c. However, the balance in the pandapay cannot exceed NTD $6,000 at any point of time. Only when the balance amount of your pandapay does not exceed NTD $6,000 after receiving the cashback, will you be able to receive it to your pandapay. Otherwise, the Cashback will be held in the system until the balance drops.
d. Orders that are cancelled are not eligible for Cashback. In the event of a cancellation of your Order, foodpanda reserves the right to claw back the Cashback credited, collect the Cashback credited to you, or to charge the amount of the Cashback credited to you.
e. Your Cashback is not transferable.
f. Your Cashback will be available in your pandapay and can be applied to your next eligible Order on our Platform.
g. Your Cashback will be valid for the time period stated in the applicable Cashback campaign terms.
h. Cashbacks are subject to validity periods (as specified in the Cashback campaign terms), use restrictions, limits and/or other availability. All Cashbacks are subject to availability on a ‘while stocks last’ basis.
i. foodpanda reserves the right to exclude the use of the Cashback for certain products or Orders at its sole and absolute discretion.
j. Your Cashback is non-refundable, non-exchangeable for cash and is not a liability owed to you by foodpanda and/or any Vendor on the Platform.
k. Where foodpanda reasonably determines that you are not eligible for the Cashback, including where the Cashback was awarded due to an error, foodpanda reserves the right to retrieve the Cashback amount without prior notice.
l. In the event that foodpanda has reasonable suspicion of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with redemption of Cashback on the Platform, foodpanda is entitled at its sole discretion to deduct any Cashback.
m. foodpanda’s decision on all matters relating to the Cashback shall be final. If there are any discrepancies between these Cashback Terms and Conditions and any brochure, marketing or promotional material relating to any Cashback campaign, these terms and conditions will prevail.
n. foodpanda shall not be responsible for any failure or delay in transactions which may result in you being omitted from enjoying the Cashback.
o. In the event that your pandapay terminates or you wish to close your pandapay, you may redeem the entire outstanding Cashback balance in your pandapay by making a purchase on the Foodpanda Platform before closing your pandapay. Any outstanding Cashback balance in your pandapay at the time you close your pandapay will be forfeited.
p. foodpanda reserves the right to suspend or terminate the Cashback campaign at any time without prior notice or liability to any party.
q. foodpanda reserves the right to change or modify these Cashback Terms and Conditions. You will 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 effective.
12. Governing Law and Dispute Resolution
These pandapay Terms and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of Taiwan. Should there be any disputes arising from or in connection with the performance or execution of the Terms, such disputes shall be governed by the laws of Taiwan. You agree that the Taiwan Taipei District Court shall have the exclusive jurisdiction over all questions and controversies arising out of or in connection with the performance or execution of these Terms.
13. Language
Pandapay Terms are made in Chinese and English. If there is any conflict or inconsistency between the content of the two versions, the Chinese version shall prevail.