Pandapay Terms and Conditions

Published: 26 January 2023

PANDAPAY TERMS AND CONDITIONS

Please read these terms and conditions (“Pandapay Terms”) carefully before registering, accessing or using Pandapay (“Pandapay” or “Pandapay Account”) located at https://www.foodpanda.ph/ (“foodpanda Website”) or the foodpanda mobile application (hereinafter collectively referred to as “Platforms”) on any device and/or before using any services in relation to the Pandapay Account that may be offered by foodpanda on the Platforms (hereinafter referred to as “Services”). These Pandapay Terms form a legal agreement between you (“User” or “you”) and Delivery Hero Philippines, Inc. (formerly, Foodpanda Philippines, Inc.) (“foodpanda” or “we”). These Pandapay Terms are supplemental to and deemed to be incorporated into the Terms of Use located at https://www.foodpanda.ph/contents/terms-and-conditions.htm, which govern your use of the Platforms. Capitalised terms used but not otherwise defined herein shall have the same meanings ascribed to them in the Terms of Use.

Whenever the context requires, “User” or “you” shall mean any natural or legal person who is a resident of Philippines or non-Philippine resident of at least eighteen (18) years of age who is eligible to contract and has registered for the Pandapay Account by accepting these Pandapay Terms.

All Users below the age of eighteen (18) years of age will be deemed to have obtained the consent of their parent(s) or legal guardian(s) to access and use the Services and Pandapay Account which by your access and use constitutes acceptance of these Pandapay Terms. You agree to take responsibility for your actions and any charges associated with your use of the Platforms, Services, and/or the Pandapay Account.

You agree and acknowledge that you have read these Pandapay Terms set forth herein. In addition, you confirm that you are at least eighteen (18) years of age. If you do not agree to these Pandapay Terms or do not wish to be bound by these Pandapay Terms, or are below eighteen (18) years of age and have not obtained consent from parent(s) or legal guardian(s) to access and use the Services and the Pandapay Account, please do not access and use the Services and Pandapay Account and/or immediately discontinue your access and use of the Services and Pandapay Account.

foodpanda may amend these Pandapay Terms at any time by publishing an updated version on the foodpanda Website. The updated version of the Pandapay Terms shall take effect immediately upon being published on the foodpanda Website. It is your responsibility to review these Pandapay Terms periodically for any updates or changes. Your continued use of the Services following the publication of such changes will mean that you accept and agree to the revised Pandapay Terms.

Your use of the Services, the Pandapay Account and the Platforms indicates your agreement to these Pandapay Terms, so please read the Pandapay Terms carefully before proceeding. By impliedly or expressly accepting these Pandapay Terms, you also accept and agree to be bound by foodpanda’s policies (including, but not limited to, our Privacy Policy) available on the foodpanda Website, as may be amended from time to time.

1 Who we are

foodpanda offers Pandapay, which is a closed-loop payment account issued by foodpanda to a User on the Platforms. These Pandapay Terms regulate the use of the Pandapay Account offered by foodpanda on the Platforms. foodpanda is registered as an Operator of Payment System (“OPS”) with the Bangko Sentral ng Pilipinas. The OPS registration number is OPSCOR-2020-0113.

2 Registering for Pandapay Account

To use the Platforms, you must register by providing your personal information including your full name, a valid email address, a mobile number, and a unique password (collectively, “User’s Details”). We will issue a Pandapay Account immediately upon successful registration. We reserve the right to request further information or documentation from you to comply with our legal obligations.

3 Key Features of Pandapay Account

The key features of the Pandapay Account are set out below:

Key Features Of Pandapay Account
S.No.	Feature	Conditions
1	Mode of Loading or Reloading	Users can maintain monetary value (in Philippine Peso) in the Pandapay Account. Monetary value in Philippine Peso (“PHP”) currency can be loaded in the Pandapay Account only in the following ways: (i) from refunds that might arise due to cancellations and returns of your online transactions, payment for which was made by cash on delivery (“COD”), credit card, or debit card on the Platforms; (ii) through online top-ups via debit card and credit card; (iii) through cashback or other incentives rewarded to you at the sole discretion of foodpanda; or (iv) through change for payments made by COD. When loading or reloading through item (iv) above, our delivery partners are receiving the funds on behalf of foodpanda.
2	Maximum Balance	The balance in the Pandapay Account cannot exceed PHP 50,000 at any point of time. You will not be able to receive refunds and make online top-ups to your Pandapay Account if this will cause the balance to exceed PHP 50,000. In the event that the refund or online top-up will cause the balance to exceed PHP 50,000, the full amount of the refund will go back to the original payment method and the online top-up will not go through.
3	Use of Balance	The balance in the Pandapay Account can only be used to purchase goods and/or services from the vendors listed on the Platforms (“Vendors”). If you choose to utilise the balance in your Pandapay Account for an Order and the value of the Order exceeds the balance in your Pandapay Account, the balance in your Pandapay Account shall be utilised in full and the remaining amount of the Order shall be paid either through COD or the online payment method chosen by you. If you choose to utilise the balance in your Pandapay Account for an Order and the value of the Order is less than the balance in your Pandapay Account, foodpanda will only deduct the value of the Order from the balance in the Pandapay Account. Any remaining balance in your Pandapay Account may be used on subsequent Orders.

4 General Terms of Use for Pandapay Account

a. The balance in the Pandapay 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 on the Platforms.

b. The Pandapay Account and the monetary value you hold in it are not transferable.

c. No interest or reward is payable on the outstanding balance in the Pandapay Account.

d. Each User is permitted to operate only one (1) Pandapay Account. Any suspected violation of this condition shall constitute grounds for suspension and/ or termination of the User’s access to all Pandapay Accounts of the User.

e. Each User is also solely responsible for their foodpanda Account and Pandapay Account. foodpanda shall not be held responsible for any loss/damage arising from the use of the foodpanda Account and/or the Pandapay Account by a third party authorized by the User. Any action of such a third party shall be considered as an action authorised by you. Further, the User acknowledges and agrees that the User will not hold foodpanda responsible for, and will indemnify foodpanda from, any liability arising out of or related to any act or omission of any third party with access to his foodpanda Account and/or Pandapay Account.

f. foodpanda may, from time to time, require additional information from you regarding your identity and your use of the Pandapay Account, including transactions made thereon, identification information, and number of Pandapay 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 Account and/or foodpanda Account.

g. foodpanda reserves the right to suspend/discontinue the Pandapay Account at any time, for any cause, including, but not limited, to the following:

for any suspected violation of any applicable laws, rules, regulations, orders, directions, notifications and guidelines, including notices and guidelines issued by Bangko Sentral ng Pilipinas (‘BSP’) from time to time or for any violation of any instructions or notifications issued by foodpanda to the User from time to time or any terms of usage of foodpanda’s services, including these Pandapay Terms;
for any suspected discrepancy, false information and/or inaccuracies in the User’s Details and any other identification, financial information or supporting documents provided by the User;
to combat potential fraud, sabotage, money laundering, terrorism financing, willful destruction, or for any other force majeure event; or
foodpanda in its sole opinion and discretion believes that cessation/suspension of the Pandapay Account is necessary for any other legitimate purpose.

h. Mode of Refunds

If you are entitled to a refund in accordance with the refund and cancellation policies set out in the Terms of Use, the default mode of refund for Orders in which payments were done through a credit card, debit card or COD method will be a refund to your Pandapay Account. The amount approved for refund (“Refund Amount”) to you shall be at foodpanda’s sole discretion.
If your original payment method is through a credit card or debit card, you have the option to transfer the Refund Amount to your original payment method within thirty (30) days (“Decision Period”) from the date the refund is made to your Pandapay Account.
You will be deemed to have purchased Pandapay load using the Refund Amount in the following instances:

1. During the Decision Period and you:
a. use the Refund Amount to pay for your subsequent Order; or
b. select to transfer the Refund Amount to your Pandapay Account;

2. Upon the expiration of the Decision Period and you did not take any action. In such case, the Refund Amount will be added to your Pandapay Account.

Pending any action or decision on your part during the Decision Period, you understand and agree that foodpanda is merely holding the Refund Amount in trust, on your behalf.
You may opt out from receiving refunds to your Pandapay Account as the default mode of refund at any time by changing your preferences in the “Settings” on the Platforms and in such cases, the refund will be processed to the original payment method that was used to make the original payment for the Order. For Orders in which payments were made through COD, we will request you to designate a bank account and the refund will be processed to that account. Please note that the refund to the original payment method, including refund to credit card or debit card, may take up to forty-five (45) days.

i. Change to Wallet in case of COD

In case of COD (i.e., cash payment made through the rider to foodpanda at the time of delivering the order), you have the option of receiving the exact change of your cash payment into your Pandapay Account instantly and in a contactless manner, instead of handling cash. The change will be reflected in your Pandapay Account, and the aforementioned amount can be redeemed immediately on your next Order. Should you wish for the change to be processed to your bank account, then we will request you to designate a bank account and the change will be processed to that account.

j. Automatic Top-Up

Automatic top-up (“Auto Top-Up”) is an optional feature that allows you to select a specified amount (“Top-Up Amount”) to automatically add to your Pandapay Account each time your balance falls below a minimum threshold amount (“Threshold”).
You may enable the Auto Top-Up feature through the Platforms and manually select the parameters, such as the Top-Up Amount, the Threshold, and your debit or credit card or such other methods of loading funds into your Pandapay Account as are made available in the Platforms (each, a “Fund Source”) from which the Top-Up Amount will be charged against.
By enabling Auto Top-Up, you authorize us to transfer to your Pandapay Account the Top-Up Amount by charging your Fund Source in case the balance in your Pandapay Account falls below the Threshold. To withdraw such standing instruction, you may disable Auto Top-Up.
You hereby authorize us to perform such transfer from the selected Fund Source. Such authorizations and standing instructions will remain true and effective, unless you have requested to disable or cancel the Auto Top-Up, and such request has been accepted by us. Such cancellation shall only be effective after we have confirmed acceptance of cancellation of the Auto Top-Up through the Platforms. Any transfers prior to such confirmation shall be unaffected and your instructions in relation to such prior transfers are irrevocable.
Where you have enabled Auto Top-Up, you understand and agree that you shall maintain sufficient clear funds/credit available in your Fund Source. Insufficient funds/credit may lead to a failure in the Auto Top-Up resulting in failed payment transactions and/or delays, or fees, charges, and/or interests being imposed by your financial institution/s, among other consequences. You understand and agree that we will not be responsible or liable in any way for any such consequences of any nature whatsoever and you agree not to take any action or to release us from any claims whatsoever in relation to any such consequences.
We may impose or change the minimum Top-Up amount at any time.
We reserve the right to disable your Auto Top-Up setting, for any reason, including when:

1. We attempt to take a payment but the payment is declined for whatever reason;

2. We detect that the Fund Source has expired.

We may suspend, cancel, or withdraw the Auto Top-Up feature at any time.

k. Validity of Balance in Pandapay Account:

The balance reflected in your Pandapay Account which came from refunds, online top-ups, and change for payments made by COD does not expire as long as you have a valid Pandapay Account.
The balance reflected in your Pandapay Account which came from cashback or other incentives rewarded by foodpanda may have an expiry date, subject to the applicable cashback or incentive terms and conditions.
In the event that your Pandapay Account terminates or you wish to close your Pandapay Account, you may redeem the entire outstanding balance in your Pandapay Account by making a purchase on the Platforms before closing your Pandapay Account. Any outstanding balance in your Pandapay Account at the time you close your Pandapay Account will be forfeited. However, if your Pandapay Account is terminated by foodpanda pursuant to Paragraph (d), (g) or (m), the termination may take place with immediate effect and you may not be permitted to utilize any remaining balance in your Pandapay Account, which will be forfeited.

l. Charges: Membership of the Pandapay Account is free. foodpanda does not charge Users any fee for creating or using a Pandapay Account. 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 published on the foodpanda Website.

m. Prohibited Uses of Pandapay Account: Without prejudice to the other restrictions and limitations contained above, you shall not under any circumstances:

use the Pandapay 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 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 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 Account for money laundering, terrorism financing, tax evasion or any other illegal activities.

o. Your Responsibilities: In connection with your use of the Pandapay Account, it shall be your responsibility to adhere to the following:

Promptly inform foodpanda of any unauthorised usage of your Pandapay Account and any other circumstances which may lead to unauthorised usage of your Pandapay Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;
If you receive an erroneous transfer to your Pandapay Account and such error is brought to your attention, you agree to return and cooperate with the steps taken by foodpanda to return such erroneously-transferred value to foodpanda promptly. Please note that it may be an offence to retain and/or use any value that you are aware has been transferred to you in error;
that when you acquire goods and/or services from a Vendor and pay the Vendor through the Pandapay 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 Account;
to use the Pandapay 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 Terms; and
to be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied by a merchant or otherwise arising from transactions

p. Unauthorised Transactions and Redressal:

An unauthorised transaction occurs when a payment is made from or to your Pandapay Account that you did not authorise. For example, if someone makes a transaction from your Pandapay Account using a stolen password, an unauthorised transaction has occurred. If you provide access to your Pandapay 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.
The liability of any misuse is solely yours, until you report the issue to foodpanda.
In the event an unauthorised transaction is made using your Pandapay Account, you should immediately notify foodpanda if you believe:

For unauthorised transactions or errors made using your Pandapay Account, you may notify us via our in-app customer support chat feature

5 Intellectual Property

a) Trademarks

All trademarks, logos, images, and service marks, 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 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) Platforms, Pandapay 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 Platforms, the Pandapay Account and the Services.

These Pandapay Terms do not convey to you any rights of ownership in or related to the Platforms, the Pandapay 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 Platforms and the Services are trademarks of foodpanda, its parent company, affiliates and/or third parties, and no right or license is granted to use them.

6 Data Privacy and Personal Data Protection Policy

You agree and consent to foodpanda collecting, using, disclosing, and processing your personal data in accordance with our Privacy Policy: https://www.foodpanda.ph/contents/privacy.htm

7 Indemnification

By agreeing to these Pandapay Terms and upon using the Services and/or the Pandapay 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 any of the following:

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 Account and the Services. Further, foodpanda does not represent or warrant that the data and information on the Pandapay Account and the Services will meet your requirements. All data and information in and shown on the Pandapay 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 Account, are provided on an “as is” and “as available” basis.

The use of the Pandapay Account, Services and the Platforms 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 Account, the Services, Platforms or the data or information therein and shown thereon. To the extent that foodpanda incurs any liability notwithstanding the foregoing sentence, foodpanda’s liability shall in no event exceed the amount paid by you for the use of the Services giving rise to the cause of action.

9 Complaints

You may contact foodpanda if you wish to make a complaint about the Services to our complaints officer via our in-app customer support chat feature.

10 Assignment

These Pandapay Terms, as may be modified from time to time, may not be assigned by you without the prior written approval of foodpanda. foodpanda may assign these Pandapay Terms, whether in whole or in part, to any third party, including its affiliates or related entities, without your consent.

11 Notices

a) foodpanda may give notice by means of a general notice on the Platforms, 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 Platforms).

b) You may give notice to foodpanda by written communication sent by courier or registered mail to foodpanda’s principal office address located at 16/17F Milestone at Fifth Avenue, 5th Avenue, Bonifacio Global City, Taguig City, Philippines. 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

These Pandapay Terms and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Republic of the Philippines and you agree to submit all disputes and claims arising out of or in connection with these Pandapay Terms shall be subject to the exclusive jurisdiction of the appropriate court in Taguig City, Philippines, to the exclusion of all other courts.