Published: 28 August 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 Malaysia Sdn Bhd (or referred to as “foodpanda”, “we” or “us”) (collectively the “Platform”). Territory shall mean Malaysia. 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 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 and consent to the processing of your personal data in accordance with the terms set out in the Privacy Policy https://www.foodpanda.my/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. 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.
foodpanda reserves the right to change or modify these Terms (including any additional terms and conditions or our 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 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, foodpanda links you to the 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. These Goods are delivered to you by our riders, who are independent third-party contractors (who are not foodpanda). 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 organising the necessary resources for its delivery through an independent third party services provider or the Vendor to deliver your Order to you. Vendors may be owned and operated by third party vendors, our affiliate companies, or us.
3. Use of the Platform and foodpanda Account
3.1 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 but not limited to a full name, 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 platform 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. 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.
3.2 You must contact the Platform immediately if you detect unauthorised access or any other security problem with your account.
3.3 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.
3.4 If you wish to delete your foodpanda account, please access the Help Center on our Platform or 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:
3.4.1 someone other than you is using your foodpanda 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. 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:
4.1.1 using the Platform for fraudulent, deceptive, unlawful purposes, or any purpose in violation of local, state, or federal laws or regulations;
4.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, proprietary rights or any other rights of any party;
4.1.3 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 foodpanda in its sole discretion or pursuant to local community standards, including but not limited to cyber-bullying or depictions of dangerous behaviour;
4.1.4 posting, disclosing and/or collecting personal details of others or harvesting user data (e.g. name, email address, telephone numbers, address) without consent;
4.1.5 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 impersonating another person when posting content or allowing third parties to use your identification for posting or viewing comments; or
4.1.7 engaging in harassing, threatening, stalking, or 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;
4.2 foodpanda 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 foodpanda 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 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 foodpanda's 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.
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 alcohol/alcoholic goods (“Alcohol”), cigarettes/tobacco products (“Tobacco”). 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.
6.2 Under applicable laws, you must be of the statutory legal age for purchase of such Restricted Goods. foodpanda, the Vendor and their 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 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”)
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. foodpanda, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:
6.3.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver Tobacco;
6.3.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or
6.3.2.3 to refuse delivery to any persons for any reason whatsoever.
6.4 Any offer for any Alcohol and Tobacco made on the Platform is void when 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, 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.
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 foodpanda and/or 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.
7.4 foodpanda is not obligated to provide ingredient information, allergen, dietary restriction or special dietary requirement information on the Platform. Furthermore, foodpanda 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, it is your responsibility to contact the Vendor before placing an Order on our Platform. foodpanda 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 taken 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 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.
8 Prices and Payments
8.1 Prices quoted on the Platform shall be displayed in Malaysian ringgit and subject to applicable tax. 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). The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platform may:
8.1.1 include SST, VAT or such other equivalent tax; or
8.1.2 exclude SST, VAT or such other equivalent tax.
8.2 Delivery fees are chargeable on every Order unless:
8.2.1 you opt to collect your Order directly from the Vendor (“Pick-Up”);
8.2.2 you have a valid promotional or discount voucher and apply it at “Checkout”; or
8.2.3 stated otherwise.
8.3 Prices and additional charges (including but not limited to delivery fee, small order fee, platform fee, service fees 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 prices and additional charges (including but not limited to delivery fees, difference to minimum order value, platform fees, or any other 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.
8.5 Payment Methods
foodpanda reserves the right to offer additional payment methods and/or remove existing payment methods at anytime 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. foodpanda 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, 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.
8.7 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.
8.8 foodpanda 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, foodpanda 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”). 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 you choose to make once the delivery is completed.
8.9.2 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 five (5) to ten (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 Tip 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.
8.10 Quick Response Code (“QR Code”)
QR Code is a payment method offered solely at foodpanda’s discretion and may be limited to specific service areas or Vendors. The QR Code, which conforms to the DuitNow QR national standard and facilitates electronic payment of the Order, is generated and presented by a foodpanda rider upon Order delivery. For the purposes of this section, “QR Payment App" means any third-party mobile banking or e-wallet application approved by us that is capable of processing the QR Code and initiating the transfer of the Order payment.
8.10.1 Payment procedure and confirmation
(i) The use of the QR Code is subject to a maximum Order amount imposed by foodpanda from time to time. If your Order amount exceeds this maximum limit, you will be required to use an alternative payment method.
(ii) Upon the arrival of your Order, the foodpanda rider will present the QR Code reflecting the exact Order amount. You are solely responsible for scanning the QR Code and initiating the payment transaction via your QR Payment App.
(iii) Prior to confirming the payment, you must verify that the recipient’s name, being “foodpanda MY (Delivery Hero Malaysia Sdn. Bhd.)”, and the amount displayed in your QR Payment App correspond exactly to foodpanda and the Order amount.
(iv) The payment process is complete only upon the successful generation of a confirmation receipt or successful transaction message both on your QR Payment App and on the device of the foodpanda rider. You must show this successful transaction message to the foodpanda rider as irrefutable proof of payment before the Order is released to you.
(v) A successfully completed payment via the QR Code is immediate and final. Any request for reversal or refund shall be governed strictly by the Refund terms.
8.10.2 Failed transactions
(i) If the QR Code transaction fails, is declined, or cannot be successfully completed for any reason, including but not limited to insufficient funds or technical network failures, you shall immediately be required to pay the full Order amount using an alternative accepted payment method, which may include Cash-on-Delivery.
(ii) If all alternative payment methods are not immediately available or cannot be processed, the foodpanda rider is authorised to refuse the release of the Order, and the Order will be considered cancelled due to non-payment.
(iii) foodpanda is not responsible for any issues arising from the operation, maintenance, or security of your QR Payment App, and you bear full responsibility for ensuring your payment source is valid and funded for the full Order amount.
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
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 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. 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.
9.3 Delivery Options
foodpanda offers the following delivery options:
(i) Standard Delivery
If you choose standard delivery, you will be shown an estimated delivery time for your Order. However, we will attempt to deliver your Order as soon as possible, and you must therefore be available to accept delivery from the time you place the order.
(ii) 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, foodpanda shall not, under any circumstances, be liable for any claim, loss or damage whatsoever incurred by the Vendors who opt in to Saver Delivery.
(iii) Priority Delivery
The priority delivery programme (the “Priority Delivery”) prioritises the dispatching of your Order by assigning a rider to deliver your Order. This means that the assigned delivery rider 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.
(iv) Scheduled Delivery
The scheduled delivery programme (the “Scheduled Delivery”) allows you to choose a specific timing to schedule an Order in advance for delivery at a specific time.
Saver Delivery, Priority 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, Priority 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; or
(ii) you are uncontactable despite attempts to reach the customer 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, foodpanda may request for photographic proof and/or additional information to properly investigate the issue 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 parts 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 Vendor’s 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. 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 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 refund or replacement of the Order. 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 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. foodpanda 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 rider in the rider app. In the event our riders have exhausted the attempts and still failed to input the Delivery PIN, our rider may request for other verification methods such as taking a photo of your order with your house / unit number plate (if applicable).
10 Vouchers, Giftcards, Discounts and Promotions
10.1 From time to time, foodpanda may run marketing and promotional campaigns offering gifts with purchase (“Gifts”), voucher codes, discounts, and other promotional offers to be used on the Platform (collectively “Vouchers”). All Vouchers are subject to 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. foodpanda also allows for the purchase and redemption of giftcards on the Platform by users in the Territory (“Giftcards”).
10.2 Unless explicitly stated otherwise and subject to the sole discretion of the Platform, Vouchers and Giftcards can only be redeemed and used 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 Vouchers and Giftcards are non-exchangeable, non-refundable and cannot be exchanged for cash or cash equivalents. Further, Vouchers are non-transferable.
10.4 If an Order that qualified for the Vouchers and/or Giftcards is subsequently refunded, cancelled or void, foodpanda has the sole discretion to:
(i) determine the full value of the Voucher;
(ii) determine the value of the Giftcard to be refunded; and
(iii) deduct such value from the refund amount due to you, in accordance with our refund policy.
10.5 foodpanda does not warrant the quality or performance of the Vouchers and/or Giftcards 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 and/or Giftcards.
10.6 The Platform is under no obligation to replace, extend, or offer cash compensation for any Vouchers and/or Giftcards that are expired, invalid, discontinued, cancelled, or improperly used. Furthermore, the Platform shall not be liable for any inability to redeem a Voucher and/or Giftcards due to system technical issues, network outages, or platform errors.
10.7 foodpanda is not responsible if your Giftcard is stolen, lost, destroyed or used without your permission. foodpanda shall not be responsible, and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any Giftcards.
10.8 foodpanda may withdraw, amend and/or alter any applicable terms and conditions of the Vouchers and/or Giftcards at any time without prior notice.
10.9 foodpanda reserves the right to void, discontinue, forfeit or reject the use of any Voucher and/or Giftcards at any time without prior notice for reasons including but not limited to:
(i) any suspected violation of applicable laws, rules and regulations;
(ii) any suspected fraudulent or illegal transaction; or
(iii) exclusion or restriction of promotions applied by specific Vendors.
10.10 foodpanda further reserves the right to void, discontinue or reject the use of a Giftcards without prior notice for reasons including but not limited to:
(i) any (a) liquidation, administration or winding -up of your company or (b) voluntary arrangement with your creditors; or
(ii) any suspension of payment due to foodpanda in relation to the Giftcards.
10.11 foodpanda may at its sole discretion forfeit, exclude, disqualify or refuse your use of Vouchers and/ or Giftcards redemption from certain Vendors, at any time without prior notice.
10.12 You confirm that the recipient email address, Giftcards value and all other information provided to foodpanda is accurate. foodpanda shall not be responsible and assumes no liability if the Giftcards is delivered to an unintended recipient or if the details provided by you are incomplete and/ or inaccurate. By providing foodpanda with your Giftcards recipient’s email address, you warrant that you have the legal basis to do so.
10.13 If the order value is less than the amount of the Giftcard, the outstanding balance (after deduction of order value) will reflect under the same Giftcard and can be used for subsequent transactions.
11 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.my/contents/pandapro-consumer-terms-and-conditions?utm_source=email) or via the links on our Platform.
12 Meal-For-One (MFO)
12.1 We offer meal-for-one programme (“MFO”) where you can order a solo meal via the Platform subject to the following terms and conditions:
12.1.1 MOV requirements do not apply to MFO orders.
12.1.2 you can have multiple Orders of the same MFO combination per order but your MFO Order cannot be combined with any non-MFO Orders.
12.1.3 Priority Delivery and Saver Delivery will not be applicable to MFO Orders.
12.1.4 the price published at the checkout page is inclusive of all fees (including platform fee and delivery fee). The prices and offers stated at the checkout page are final.
12.1.5 pandapro perks, Group Order and other vouchers, discounts and offers cannot be used for MFO Orders, unless specifically stated otherwise.
12.1.6 MFO Orders are subject to limited availability based on the Vendors’ supply and/or your delivery address.
12.2 foodpanda 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.
13 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 https://www.foodpanda.my/contents/terms-and-conditions-grouporder or via the links on our Platform.
14 Groceries / Pandamart / Convenience Shops
14.1 The purchase of Goods from Vendors on ‘SHOPS’ on the Platform, including pandamart (“SHOPS”) are subject to these Terms. Additionally, you agree to comply with any and all the guidelines, notices, operating rules, policies and instructions pertaining to the purchase of Goods from SHOPS which are incorporated into and form a part of these Terms.
14.2 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.
14.3 Unless otherwise stated, all purchases from SHOPS shall be subject to the SHOPS cancellation, refund and returns policy.
14.4 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. foodpanda and/or the Vendor will use all reasonable efforts reasonably required by us to place Goods in your Order at the weight you have requested. However, it is not always possible to deliver weighted Goods at the required weight, we will impose a temporary charge of 15% of the price for weighted Goods selected due to variation of weight (“Temporary Hold”). The aforesaid is subject to the following:
14.4.1 If you choose to pay by credit card (including paying by credit card through Google Pay or Apple Pay), you will be shown an amount representing the Temporary Hold (“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 actual price of the Goods will then be finalised (“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 changed 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
14.4.2 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 7.9 above;
14.4.3 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 changed 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.
14.5 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.
14.6 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.
14.7 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.
14.8 A plastic bag packaging fee (“Packaging Fee”) will be charged in accordance with applicable local laws and regulations. For Shops Vendor Orders, a flat Packaging Fee, as determined by the respective Shop Vendor will be charged and displayed at checkout. For pandamart Orders, a flat Packaging Fee, as determined by us will be charged and displayed at checkout.
15 Donate a Meal Programme
Where available, foodpanda may offer the option where you can donate a meal to those in need via the ShareTheMeal - an initiative of the United Nations World Food Programme (WFP). All donations under ShareTheMeal will be transferred to the WFP as the final recipient after being processed by Mjam GmbH (our affiliate company and is part of the Delivery Hero Group). No goods or services will be provided by us in return of such donation or contribution. All inquiries regarding such donation or contribution shall be handled by ShareTheMeal.
16 Cashback (if applicable)
16.1 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.
16.2 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.
17 User-Generated Content, Verification & Transparency
17.1 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.
17.2 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.
17.3 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.
17.4 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:
17.4.1 contains personal data (PII) or unlawful, defamatory, discriminatory, or offensive material;
17.4.2 is unrelated to the relevant product or service;
17.4.3 breaches these Terms; or
17.4.4 is otherwise prohibited under applicable law.
Moderation decisions are applied in a consistent and non-discriminatory manner.
17.5 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.
18 Representations, Warranties and Limitation of Liabilities
18.1 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.
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.
18.2 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.
18.3 Limitation of Liability
18.3.1 To the extent permitted by law, foodpanda (which shall include its employees, 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, 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. 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.
18.3.2 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.
19 Vendor Representations and Limitation of Liability
19.1 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.
19.2 Vendors are 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, foodpanda shall not be responsible nor liable for any loss, damage, expenses, costs or fees arising from your contractual relationship with the Vendor.
19.3 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.
19.4 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.
19.5 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.
20 Personal Data Protection
You agree and consent to foodpanda and any of its affiliate 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 is accessible here or via links on our Platform and shall form a part of these Terms.
21 Indemnity
You agree to indemnify, defend, hold harmless foodpanda, its parent company, subsidiaries, affiliates and its respective directors, officers, employees, representatives and 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:
21.1 your access to, use of, or misuse of the Platform, including any content, data, or materials you submit post, or transmit through it;
21.2 your use of the Services, Orders, or your interactions and transactions with Vendors, riders, or other third parties via the Platform;
21.3 any breach or alleged breach of these Terms, our Privacy Policy, or any other Platform guidelines, policies, or supplemental terms incorporated herein;
21.4 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.
22 Termination
foodpanda has the right to terminate, suspend or delete your account and access to 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.
23 Amendments
foodpanda may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting subject to applicable laws and you agree to the new Terms by continued use of the Platform. 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.
24 Severability
If any provision of these Terms of Use 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.
25 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 and construed in accordance with the laws of Malaysia. 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 Malaysia.
26 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.
27 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.
28 Earyl Access Program
28.1 Platform may occasionally offer beta, early access, or limited-release features (“Early Access Programs”). These are provided 'as is' for evaluation purposes and may contain bugs or errors. You agree to assume all risks associated with your use of Early Access Programs.
28.2 Any feedback, ideas, or suggestions you provide regarding these programs shall be the exclusive intellectual property of foodpanda.
28.3 Platform reserves the right to offer the Early Access Programs to you for free or to charge you fees to access and use the Early AccessPrograms at Platform’s sole discretion.
29 Artificial Intelligence
Certain features of our Platform may utilize Artificial Intelligence (“AI”) technology.
29.1 AI Chat Translation
29.1.1 To provide you with faster and more accessible customer support, we utilize an Artificial Intelligence (AI) Chat Translation Tool to translate chat conversations between you and our support agents.
29.1.2 Please be advised that these translations are generated by AI and may contain inaccuracies or errors. We do not warrant the complete accuracy, reliability, or context of the AI-translated messages.
29.1.3 We want to ensure you fully understand the outcome of your support chat. If you prefer that your conversation not be translated by AI, or if you require assistance from a native-speaking agent, you may request to be transferred to native support at any time during the chat.
29.2 AI-Generated Descriptions and Images
Certain descriptions or images of Goods displayed on the Platform may be automatically generated or selected using tools such as artificial intelligence and stock content libraries. As a result, they may not always accurately represent the actual ingredients, preparation methods, presentation, or other characteristics of the Goods. These materials are intended for general illustration or reference only. foodpanda does not guarantee the accuracy, completeness, or suitability of such content.