Pandapay User Account Terms
Whenever the context requires, “User” or “you” shall mean any natural or legal person who is a resident of Singapore or non-Singapore resident of at least eighteen (18) years of age who is eligible to contract and has registered for the Pandapay User Account by accepting these Pandapay User Account Terms.
You agree and acknowledge that you have read the Pandapay User Account Terms set forth below. In addition, you confirm that you are at least eighteen (18) years of age. If you do not agree to these Pandapay User Account Terms or do not wish to be bound by these Pandapay User Account Terms, or are below eighteen (18) years of age, please do not use the Services and Pandapay User Account and/or immediately discontinue your use of the Services and Pandapay User Account.
These Pandapay User Account Terms regulate the use of the Pandapay User Account offered by Foodpanda on the Foodpanda Platform. Foodpanda is in the process of applying for a Major Payment Institution licence with the Monetary Authority of Singapore (“MAS”) in respect of the provision of account issuance services, merchant acquisition services and domestic money transfer services.2. Registering for Pandapay User Account
Foodpanda offers account issuance services under the Pandapay User Account, which is a closed system payment account issued by Foodpanda to a User on the Foodpanda Platform. To use the Foodpanda Platform, a User must register by providing their details, namely, name, email address, and mobile number (“User’s Details”), and a Pandapay User Account will be issued to a User immediately upon successful registration.3. Key Features of Pandapay User Account
The key features of the Pandapay User Account are set out below:
Key Features Of Pandapay User Account
Mode of Loading or Reloading
Users can maintain monetary value in the Pandapay User Account. Monetary value can only be loaded in the Pandapay User Account in the following ways:(i) from refunds that might arise due to cancellations and returns of your online transactions on the Foodpanda Platform;
(ii) through online top-ups via debit card, credit card, , or such other payment methods added by us from time to time; or
The balance in the Pandapay User Account cannot exceed S$1,000 at any point of time. You will not be able to receive refunds and make online top-ups to your Pandapay User Account if this will cause the balance to exceed S$1,000.
Use of Balance
The balance in the Pandapay User Account can only be used to purchase goods and/or services from the vendors listed on the Foodpanda Platform (“Vendors”).
If you choose to utilise the balance in your Pandapay User Account for an Order and the value of the Order exceeds the balance in your Pandapay User Account, the balance in your Pandapay User Account shall be utilised in full and the remaining amount of the Order shall be charged to the online payment method chosen by you or Cash-on-Delivery (“COD”)
If you choose to utilise the balance in your Pandapay User Account for an Order and the value of the Order is less than the balance in your Pandapay User Account, Foodpanda will only deduct the value of the Order from the balance in the Pandapay User Account. Any remaining balance in your Pandapay User Account may be used on subsequent Orders.
I. The balance in the Pandapay User Account cannot be withdrawn as cash, transferred to a bank account or credited to a debit card or credit card. It can only be used to purchase goods and/or services from Vendors via the Foodpanda Platform.II. The Pandapay User Account is not transferable.
III. No interest is payable on the outstanding balance in the Pandapay User Account.
IV. Each User is permitted to operate only one (1) Pandapay User Account. Any suspected violation of this condition shall constitute grounds for suspension of the User’s access to all Pandapay User Accounts of the User.
V. Foodpanda may, from time to time, require additional information from you regarding your identity and your use of the Pandapay User Account, including transactions made thereon, identification information and number of Pandapay User Accounts being held by you. You agree that you will provide in good faith accurate, complete and truthful responses to such queries from Foodpanda, and your failure to do so may result in the immediate suspension or termination of your Pandapay User Account and/or Foodpanda Account.
VI. Foodpanda reserves the right to suspend/discontinue the Pandapay User Account at any time, for any cause, including, but not limited, to the following:
a) For any suspected violation of any applicable laws, rules, regulations, orders, directions, notifications and guidelines, including notices and guidelines issued by MAS from time to time or for any violation of any instructions or notifications issued by Foodpanda to the User from time to time or any terms of usage of Foodpanda’s services, including these Pandapay User Account Terms;
b) any suspected discrepancy, false information and/or inaccuracies in the User’s Details and any other identification, financial information or supporting documents provided by the User;
c) to combat potential fraud, sabotage, money laundering, terrorism financing, willful destruction, or for any other force majeure event; or
d) Foodpanda in its sole opinion and discretion believes that cessation/suspension of the Pandapay User Account is necessary for any other legitimate purpose.
VIII. Validity of Balance in Pandapay User Account: The balance reflected in your Pandapay User Account does not expire as long as you have a valid Pandapay User Account. In the event that your Pandapay User Account terminates or you wish to close your Pandapay User Account, you may redeem the entire outstanding balance in your Pandapay User Account by making a purchase on the Foodpanda Platform before closing your Pandapay User Account. Any outstanding balance in your Pandapay User Account at the time you close your Pandapay User Account will be forfeited. However, if your Pandapay User Account is terminated by Foodpanda pursuant to Paragraph IV or V above, the termination may take place with immediate effect and you may not be permitted to utilize any remaining balance in your Pandapay User Account, which will be forfeited.
IX. Charges: Membership of the Pandapay User Account is free for Users. Foodpanda does not charge Users any fee for creating a Pandapay User Account or use of Services. Foodpanda reserves the right to change its fee policy from time to time. In particular, Foodpanda may at its sole discretion introduce new Services and modify some or all the existing Services offered. In such an event, we reserve the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the fee policy shall be posted on the Foodpanda Website and such changes shall automatically become effective immediately after they are posted on the Foodpanda Website.
XI. Prohibited Uses of Pandapay User Account: Without prejudice to the other restrictions and limitations contained above, you shall not under any circumstances:
- use the Pandapay User Account to defraud Foodpanda, our affiliates or other members or users, or engage in other unlawful activities (including, without limitation, dealing in products or services prohibited by law);
- use the Pandapay User Account in such a manner that violates, or causes Foodpanda to violate, any law, statute, ordinance or regulation;
- impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signatures or perform any other fraudulent activity;
- post or transmit any message, image or data which is pornographic, obscene, abusive, offensive, inappropriate, unlawful, infringing, inaccurate, false, defamatory, violent, or otherwise objectionable in nature;
- purchase any products or services using fraudulent, misappropriated, or unlawfully obtained funds;
- use the balance in the Pandapay User Account in a manner that may result in complaints, disputes, imposition of fines, penalties, chargebacks or any other liability to Foodpanda; or
- use the Pandapay User Account for money laundering, terrorism financing, tax evasion or any other illegal activities.
XII. Your Responsibilities: In connection with your use of the Pandapay User Account, it shall be your responsibility to adhere to the following:
a) Promptly inform Foodpanda of any unauthorised usage of your Pandapay User Account and any other circumstances which may lead to unauthorised usage of your Pandapay User Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;
b) If you receive an erroneous transfer to your Pandapay User Account from another user and such error is brought to your attention, you agree to return such erroneously-transferred value to that other user promptly. Please note that it may be an offence to retain and/or use any value that you are aware has been transferred to you in error;
c) that when you acquire goods and/or services from a Vendor and pay the Vendor through the Pandapay User Account, you understand that you enter into a contract with the Vendor and we are not a party to the contract between you and the Vendor. Foodpanda shall not be liable for any loss or damage arising from your contractual relationship with the Vendor. In addition, Foodpanda is under no obligation to monitor the quality of the Vendor’s service used by you; the Vendor alone will be responsible for all obligations under the contract between you and the Vendor, including, but not limited to, warranties or guarantees. Foodpanda shall not be responsible or liable for any deficiency in the preparation, condition and quality of goods and/or services purchased from Vendors using the balance in the Pandapay User Account; and
d) to use the Pandapay User Account in good faith and in compliance with all applicable laws and regulations, all instructions or notifications issued to you by Foodpanda from time to time, and these Pandapay User Account Terms.
XIII Unauthorised Transactions and Redressal:
a) An unauthorised transaction occurs when a payment is made from or to your Pandapay User Account that you did not authorise. For example, if someone makes a transaction from your Pandapay User Account using a stolen password, an unauthorised transaction has occurred. If you provide access to your Pandapay User Account to a third party (by disclosing your login information or any other information) and they conduct transactions without your knowledge or permission, you are responsible for any resultant use.
b) The liability of any misuse is solely yours, until you report the issue to Foodpanda.
c) In the event of an unauthorised transaction made using your Pandapay User Account, you must report the misuse of your Pandapay User Account to the police and lodge a complaint with the police. Simultaneously, you should also immediately notify Foodpanda if you believe:
i. there has been an unauthorised transaction or unauthorised access to your account; or
ii. your username and password for your Pandapay User Account has been compromised;
d) For unauthorised transactions or errors made using your Pandapay User Account, you may notify us by sending an email to our customer support email at [email protected] or via our in-app customer support chat feature.5. Intellectual Property a) Trademarks
All trademarks, logos, images, and service marks, as displayed on the Foodpanda Platform or in our marketing material, whether registered or unregistered, are the intellectual property of Foodpanda and/or third parties who have authorised us to use their trademarks, logos, images, and service marks (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of the Trademarks on any other website not approved by us is strictly prohibited. Foodpanda will aggressively enforce its intellectual property rights to the fullest extent of the law, including, where applicable, criminal prosecution.
b) Foodpanda Platform, Pandapay User Account and the Services
Foodpanda, its parent company and its affiliates, where applicable, shall own all rights, title and interest, including all related intellectual property rights, in and to the Foodpanda Platform, the Pandapay User Account and the Services.
These Pandapay User Account Terms do not convey to you any rights of ownership in or related to the Foodpanda Platform, the Pandapay User Account or the Services, or any intellectual property rights owned by Foodpanda, its parent company and/or its affiliates.For the avoidance of doubt, Foodpanda’s name, logo, and the third party logos and product names associated with the Foodpanda Platform and the Services are trademarks of Foodpanda, its parent company, affiliates and/or third parties, and no right or license is granted to use them. 6. Data Privacy and Personal Data Protection Policy
By agreeing to these Pandapay User Account Terms and upon using the Services and/or the Pandapay User Account, you agree that you shall defend, indemnify and hold Foodpanda, its parent company, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
a) your use of the Services, the Pandapay User Account and/or the Foodpanda Platform in your dealings with any third parties, including, but not limited to, the Vendors, delivery agents and other users of the Foodpanda Platform;
b) your violation or breach of any of the Pandapay User Account Terms or any applicable law or regulation;
c) your violation of any rights of any third party;
d) your misuse of the Services and/or the Foodpanda Platform.
8. No Warranties; Limitation of Liability
The Services are provided to you strictly on an “as is” and “as available” basis without any warranty of any kind and Foodpanda does not authorise any third party to make any warranty on our behalf. To the fullest extent permitted by law, Foodpanda makes no representations or warranties, whether express, implied, statutory or other, including without limitation, any implied warranty as to the accuracy, reliability, timeliness, quality, suitability, availability, completeness, merchantability, or fitness for a particular purpose, or non-infringement of third party rights, or that the Services will be uninterrupted, timely or error-free, in relation to any data and information on the Pandapay User Account, the Pandapay User Account and the Services. Further, Foodpanda does not represent or warrant that the data and information on the Pandapay User Account, the Pandapay User Account and the Services will meet your requirements. All data and information in and shown on the Pandapay User Account are believed by Foodpanda to be accurate to the best of its knowledge, but because of the possibility of human and mechanical error, delays or interruptions, system downtime, and other factors, all data and information in and shown on the Pandapay User Account, are provided on an “as is” and “as available” basis.
The use of th Pandapay User Account, Services and the Foodpanda Platform may be subject to limitations, delays, security issues, and other problems inherent in the use of the internet and electronic communications, including the device used by you being faulty, not connected, out of range of mobile signals or functioning incorrectly. Foodpanda is not responsible for any delays, delivery failures, damages or losses resulting from such problems. You agree that all risks arising from online transactions will be borne by you.
To the fullest extent permitted by law, Foodpanda shall not be liable in contract or otherwise for any direct, indirect, special, punitive or consequential loss or damage, including without limitation data loss or economic loss, sustained by you or any other party by the direct or indirect use of or reliance on the Pandapay User Account, the Services, Foodpanda Platform or the data or information therein and shown thereon. To the extent that Foodpanda incurs any liability notwithstanding the foregoing sentence, Foodpanda’s liability shall in no event exceed the amount paid by you for the use of the Services giving rise to the cause of action.
You may contact Foodpanda if you wish to make a complaint about the Services to our complaints officer by sending an email to our customer support email at [email protected] or via our in-app customer support chat feature
These Pandapay User Account Terms, as may be modified from time to time, may not be assigned by you without the prior written approval of Foodpanda. Foodpanda may assign these Pandapay User Account Terms, whether in whole or in part, to any third party, including its affiliates or related entities, without your consent.
a) Foodpanda may give notice by means of a general notice on the Foodpanda Platform, or by electronic mail to your email address in the records of Foodpanda, or by written communication sent by registered mail or pre-paid post to your physical address in the records of Foodpanda. Such notice shall be deemed to have been given upon the expiration of two (2) working days after the date of posting (if sent by registered mail or pre-paid post) or one (1) hour after sending (if sent by email or posted on the Foodpanda Platform).
b) You may give notice to Foodpanda by written communication sent by courier or registered mail to Foodpanda’s registered address. Such notice shall be deemed to be given upon written acknowledgment of receipt by an officer or other duly authorized representative of Foodpanda.
12. Governing Law and Dispute Resolution
a) These Pandapay User Account Terms and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Republic of Singapore.
b) Prior to commencing litigation to resolve any dispute arising out of or in connection with these Pandapay User Account Terms, the User and Foodpanda agree to submit any dispute arising out of or in connection with these Pandapay User Account Terms, including any question regarding the existence, validity or termination of the Pandapay User Account Terms, for mediation at the Singapore Mediation Centre (“SMC”) in accordance with SMC’s Mediation Procedure for the time being in force. Either party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within thirty (30) days thereof. Each party to the mediation must be represented by a senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language. The parties agree to keep the mediation proceedings and all information, documents, evidence, and all matters relating thereto confidential. Each party agrees to participate in the mediation in good faith and undertakes to abide by the terms of any settlement agreement reached. In the event that such disputes or differences arising out of or in connection with this Pandapay User Account Terms cannot be resolved or settled through mediation within thirty (30) days after the mediation has commenced, the User and Foodpanda irrevocably agree to submit the dispute arising out of or in connection with these Pandapay User Account Terms to the jurisdiction of the courts of the Republic of Singapore.