Published: 15th April 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”). 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 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 Platforms 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 Platforms 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 Platforms immediately.
foodpanda reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by you
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:
- foodpanda Bangladesh (www.foodpanda.com.bd)
- foodpanda Cambodia (www.foodpanda.com.kh)
- foodpanda Hong Kong (www.foodpanda.hk)
- foodpanda Laos (www.foodpanda.la)
- foodpanda Malaysia (www.foodpanda.my)
- foodpanda Myanmar (www.foodpanda.com.mm)
- foodpanda Pakistan (www.foodpanda.pk)
- foodpanda Philippines (www.foodpanda.ph)
- foodpanda Taiwan (www.foodpanda.tw)
- foodpanda Thailand (www.foodpanda.th)
- foodpanda Singapore (www.foodpanda.sg)
Through our Platforms, foodpanda links you to the vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods"). 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 for either us or the Vendor to deliver your Order to you. Vendors may be owned and operated by third party vendors, our affiliate companies, or us.
1.3 How to contact us
For customer support, you may reach out to us via email or through our in-app customer support chat feature.
2 Use of the Platforms 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. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your foodpanda account are your sole responsibility.
2.2 foodpanda shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.
2.3 If you wish to delete your foodpanda account, please send us an email requesting the same. We may restrict, suspend or terminate your foodpanda account and/or use of the Platforms, 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 Platforms.
3 Restrictions
3.1 Activities Prohibited on the Platforms
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. 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 Platforms for any purpose in violation of local, state, or federal laws or regulations;
3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by foodpanda in its sole discretion or pursuant to local community standards;
3.1.4 posting content that constitutes cyber-bullying, as determined by foodpanda in its sole discretion;
3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behaviour;
3.1.6 posting telephone numbers, street addresses, or last names of any person;
3.1.7 posting URLs to external websites or any form of HTML or programming code;
3.1.8 posting anything that may be “spam,” as determined by foodpanda in its sole discretion;
3.1.9 impersonating another person when posting content;
3.1.10 harvesting or otherwise collecting information about others, including e-mail 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 Platforms;
3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, 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 nvestigate an allegation that any content posted on the Platforms 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 Platforms or their foodpanda Account upon any breach of these Terms;
3.2.4 monitor, edit, or disclose any content on the Platforms; and
3.2.5 edit or delete any content posted on the Platforms, 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 Platforms 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 Platforms will not infringe rights of third parties not owned by or affiliated with foodpanda. Use of any materials on the Platforms is at your own risk.
5 Restrictions on Goods
5.1 Some of the Goods we offer on our Platforms 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.
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 Platforms where the laws allow. By offering Tobacco for sale on our Platforms, 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:
5.3.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver Tobacco;
5.3.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or
5.3.2.3 to refuse delivery to any persons for any reason whatsoever.
5.4 Any offer for any Alcohol and Tobacco made on the Platforms 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 (e.g. goods and services tax, value-added tax, etc.).
6.2 Minimum Order Value - Some Orders 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 and Dietary Restrictions – foodpanda is not obligated to provide ingredient information, or allergen, dietary restriction or special dietary requirement information on the Platforms. Furthermore, foodpanda does not guarantee that the Goods sold by Vendors are free of allergens or comply with any special dietary requirements,. it is your responsibility to contact the Vendor before placing an Order on our Platforms. foodpanda shall not be held liable for any adverse reactions or consequences arising from the consumption of Goods sold by Vendors.
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
Please contact us immediately via our in-app customer support chat feature 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.
6.9 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 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.
If you are entitled to a refund in accordance with the refund and cancellation policies set out in these Terms, you agree that save as to purchases made using cash-on-delivery payment, we will credit the refund to the same online payment method (such as FPX etc) used to make the purchase.
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.
6.10 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.
6.11 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.
7 Prices and Payments
7.1 Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept that offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets).
7.2 The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platforms may:
7.2.1 include SST, VAT or such other equivalent tax; or
7.2.2 exclude SST, VAT or such other equivalent tax.
7.3 Delivery fees are chargeable on every Order unless:
7.3.1 you opt to collect your Order directly from the Vendor (“ Pick-Up”);
7.3.2 you have a valid promotional or discount voucher and apply it at Checkout; or
7.3.3 unless stated otherwise.
7.4 Prices and additional charges (including but not limited to Delivery, Small Order, Platform fees or Service fees) indicated on the Platforms are as at the time of each Order and may be subject to change.
7.5 A breakdown of the prices and additional charges (including but not limited to Delivery, Small Order, Platform fees or Service fees) 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.
7.6 You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:
7.6.1 Our payment partners: Visa, Mastercard, American Express, Google Pay, PayPal, Apple Pay;
7.6.2 Cash-on-Delivery; or
7.6.3 Such other payment method we offer from time to time.
7.7 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.
7.8 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.
7.9 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.
7.10 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 Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
7.11 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 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 Platforms, 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
foodpanda shall deliver your Order to the delivery address provided by You. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you in your email confirmation but delivery times 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 Platforms. 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 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 Deliverybr>
The saver delivery programme (the “Saver Delivery”) offers you a lower delivery fee, in exchange for a longer delivery time, by allowing our riders to pick up two or more orders across different Vendors in one trip. This means that your order gets batched together with others on our rider’s route.
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 your Order and your Order will be delivered in a shorter delivery time. In the event our riders pick up two or more orders across Vendors in one trip, your Order will be prioritised and delivered first, before any other orders within the one trip.
In respect of Saver Delivery and Priority Delivery, if your Order arrives later than the estimated timing, foodpanda may, in its sole discretion, compensate you with Vouchers.
(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.
8.4 Unsuccessful or Failed Deliveries
8.4.1 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) customer was uncontactable despite attempts to reach the 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 delivery did not deem it safe or appropriate for the 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.
8.4.2 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.
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 contact customer support via one of the methods indicated in Clause 1.3 above immediately. 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.
8.6 Order Pick-Up
8.6.1 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.
8.6.2 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.
8.7 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 or Goods that are delivered by Vendors.
9 Vouchers, Giftcards, Discounts and Promotions
9.1 From time to time, foodpanda may run marketing and promotional campaigns which offer gift with purchase (“Gifts”), voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.
9.2 foodpanda also allows for the purchase and redemption of giftcards on the Platform by users in Malaysia (“Giftcards”).
9.3 Vouchers, Gifts and Giftcards are subject to validity periods, redemption periods, use restrictions, limits and/or other availability. All Vouchers, Gifts and Giftcards are offered on a ‘while stocks last’ basis.
9.4 Vouchers, Gifts and Giftcards may not be valid when used in conjunction with other promotions, discounts or other vouchers.
9.5 Additional terms and conditions (including vendor specific terms) may apply to Vouchers, Gifts and Giftcards.
9.6 Unless otherwise stated, Vouchers and Giftcards can only be used on our Platforms. Vouchers and Giftcards can be redeemed by selecting the payment mode as Vouchers and/or Giftcards respectively.
9.7 Vouchers, Gifts and Giftcards are non-exchangeable, non-refundable and cannot be exchanged for cash. Further, Vouchers and Gifts are non-transferable.
9.8 For an Order which qualified for the Gifts and/or Giftcards, should such Order be refunded, cancelled or void, foodpanda has the sole discretion to:
(i) determine the full value of the Gifts;
(ii) determine the value of the Giftcard to be refunded; and
(iii) deduct such value from the refund amount in accordance with our refund policy.
9.9 foodpanda does not warrant the quality or performance of the Gifts 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 and/or use of the Gifts and/or Giftcards.
9.10 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 Giftcard.
9.11 foodpanda may withdraw, amend and/or alter any applicable terms and conditions of the Vouchers, Gifts and/or Giftcards at any time without prior notice.
9.12 foodpanda reserves the right to void, discontinue or reject the use of any Voucher and/or Giftcard at any time 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
9.13 foodpanda further reserves the right to void, discontinue or reject the use of a Giftcard without prior notice for reasons including but not limited to:
(a) any (i) liquidation, administration or winding -up of your company or (ii) voluntary arrangement with your creditors; or
(b) any suspension of payment due to foodpanda in relation to the Giftcards.
9.14 foodpanda may at its sole discretion forfeit, exclude, disqualify or refuse your use of Vouchers, Gifts and/ or Giftcards redemption from certain Vendors, at any time without prior notice.
9.15 You confirm that the recipient email address, Giftcard value and all other information provided to foodpanda is accurate. foodpanda shall not be responsible and assumes no liability if the Giftcard is delivered to an unintended recipient or if the details provided by you are incomplete and/ or inaccurate. By providing foodpanda with your Giftcard recipient’s email address, you warrant that you have the legal basis to do so.
9.16 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.
10 Representations, Warranties and Limitation of Liabilities
10.1 Representations and Warranties
You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While foodpanda makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms 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.
10.2 Limitation of Liability
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 Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. 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 Platforms or for any other claim related in any way to your use of the Platforms. 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. 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.
10.3 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 or guarantee the accuracy or completeness of the information (including menu information, photos 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.
11 Vendor Liability
Vendors are responsible for the preparation, condition and quality of Goods. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. Foodpanda shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.
12 Personal Data (Personal Information) 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 available via the links on our Platforms, and shall form a part of these Terms.
13 Indemnity
You agree to indemnify, defend, hold harmless foodpanda, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.
14 Third Party Links and Websites
The Platforms may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. foodpanda does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. foodpanda accepts 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.
15 Termination
foodpanda has the right to terminate, suspend or delete your account and access to the Platforms, 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 Websites.
16 Amendments
foodpanda may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. 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 Platforms immediately.
17 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 of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
18 Governing Law
These Terms shall be governed 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 will have jurisdiction over any dispute or claim arising out of or in connection with the use of the Platforms:
Foodpanda Bangladesh ( www.foodpanda.bd); Peoples’ Republic of Bangladesh
Foodpanda Cambodia (www.foodpanda.com.kh); Kingdom of Cambodia
Foodpanda Hong Kong ( www.foodpanda.hk); Hong Kong S.A.R., People's Republic of China
Foodpanda Laos (www.foodpanda.la); Lao People's Democratic Republic
Foodpanda Malaysia ( www.foodpanda.my); Malaysia
Foodpanda Myanmar (www.foodpanda.com.mm); Republic of the Union of Myanmar
Foodpanda Pakistan (www.foodpanda.pk ); Islamic Republic of Pakistan
Foodpanda Philippines ( www.foodpanda.ph); Republic of the Philippines
Foodpanda Taiwan (www.foodpanda.tw); Taiwan, Republic of China
Foodpanda Thailand (www.foodpanda.th ); Kingdom of Thailand
Foodpanda Singapore (www.foodpanda.sg); Republic of Singapore
19 Contact Us
If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email or via our in-app customer support chat feature.
20 Pandamart / Shops
20.1 The purchase of Goods from Shops Vendor and pandamart on the Platforms;(“SHOPS”) are subject to these Terms. Additionally, you agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Goods from SHOPS which are incorporated into and form a part of these Terms.
20.2 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.
20.3 Unless otherwise stated, all purchases from SHOPS shall be subject to the SHOPS cancellation, refund and returns policy.
20.4 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. We 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:
20.4.1 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 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.
20.4.2 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 6.9 above;
20.4.3 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 (“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.
20.5 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.
20.6 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 Platforms is void when it is prohibited by law.
21 Rider Tip
21.1 Rider Tip is applicable for all Orders except for cash-on-delivery orders and Orders delivered by Vendor Delivery. 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 foodpanda rider assigned to deliver your Order ("Rider Tips"). foodpanda will collect payment for the Rider Tip using the payment method chosen by you for the Order. The rider will receive the full amount of any Rider Tip you choose to make once the delivery is completed.
21.2 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.
21.3 Rider Tips are not refundable once the Order has been delivered by the rider and/or once you agree to pay after your Order is delivered.
21.4 If you have any questions or issues regarding your Rider Tip, please reach out to our customer support via email or the in-app chat feature available on the Platform.
22 pandapro
Where available, you may choose to subscribe to pandapro, our monthly 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.
23 World Food Programme
Where available, foodpanda may offer the world food programme 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.
24 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.
25 Meal-For-One (MFO)
25.1 We offer meal-for-one programme (“MFO”) where you can order a solo meal via our platform.
25.2 The order of MFO available on the platform is subject to the following terms and conditions:
25.2.1 notwithstanding Clause 6.2, minimum order value (“MOV”) will not be applicable to MFO orders.
25.2.2 you can have multiple orders of the same MFO combination per order but your MFO order cannot be combined with any other orders.
25.2.3 priority delivery will not be applicable to MFO orders.
25.2.4 the price published at the checkout page is inclusive of all fees (including platform fee and delivery fee).
25.2.5 the prices and offers as stated are final.
25.2.6 pandapro perks, Group Order and other vouchers, discounts and offers cannot be used for MFO orders, unless specifically stated otherwise.
25.3 foodpanda reserves the right to amend or change any terms and conditions above with or without prior notice to you.
25.4 foodpanda may, temporarily or permanently, discontinue, withdraw or terminate this MFO programme at anytime without prior notice to you.
26 User-Generated Content, Verification & Transparency
26.1 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.
26.2 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.
26.3 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.
26.4 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:
26.4.1 contains personal data (PII) or unlawful, defamatory, discriminatory, or offensive material;
26.4.2 is unrelated to the relevant product or service;
26.4.3 breaches these Terms; or
26.4.4 is otherwise prohibited under applicable law. Moderation decisions are applied in a consistent and non-discriminatory manner.
26.5 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.
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.