Terms and Conditions

Published: 2020

TERMS OF USE

 

These Terms of Use (“Terms”) govern your use of the website provided by foodpanda (or referred to as “us”) located at http://partner.foodpanda.hk/ (the “Website”). Please read these Terms carefully. By accessing and using the Website, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Website or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Website.

The Website 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 Website and/or order of products on ‘Webshop’ of the Website. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Website 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 your continued use of the Website following the date on which the amended Terms are posted.

 

1. foodpanda

 

1.1 What we do

 

Through our online platforms, foodpanda links the customers to the vendors (“Vendors”) for the customers to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods") to be delivered to them. When the customers place an order for Goods from our Vendors, 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 the Goods to the customers. Vendors may be owned and operated by third party vendors, our affiliate companies, or us. The Website provides general support and updates to our Vendors; Vendors can request technical support, access our educational guides and tutorials, log in to the ‘Restaurant Portal’, register for training and workshops, and place orders for various products including sustainable packaging, paper bags and paper rolls, and marketing material (hereinafter collectively referred to as “Products”) (“Orders”).

 

1.2 How to contact us

For Vendor support, you may reach out to us via the Help & Support Live Chat feature on your device, or submit a request via our Partner Support Request Form.

 

2. Use of the Website

2.1 You will need to submit a Partner Support Request Form (the ‘Form’) to use some of the features on the Website, include ordering Products and requesting technical support for issues with your devices, major chain menu requests, supply requests, payments or billing inquiries, and vendor operations issues. When a user fill in the Form, we will request your business information including the store name, your foodpanda registered email address, and the Outlet Vendor Code. Only the person in charge of the Vendors, its employees, representatives and agents (hereinafter collectively known as “Eligible Persons”) can submit the Form on behalf of the Vendors. You are solely responsible for keeping your email address safe. Save for cases of fraud or abuse which are not your fault, you accept that any misuse of the Website is 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.

 

2.3 We may restrict, suspend or terminate your use of the Website, if we reasonably believe that: 

 

2.3.1 someone other than any Eligible Persons is submitting the Form or registering for training and workshops on your behalf ; 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 Website.

3. Restrictions

3.1 Activities Prohibited on the Website

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Website. 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 Website 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 Website;

 

3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, 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 investigate an allegation that any content posted on the Website 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 Website upon any breach of these Terms;

 

3.2.4 monitor, edit, or disclose any content on the Website; and

 

3.2.5 edit or delete any content posted on the Website, 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 Website 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 Website will not infringe rights of third parties not owned by or affiliated with foodpanda. Use of any materials on the Website is at your own risk.

5. Orders

5.1 When you place an Order on ‘Webshop’, 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.). 

 

5.2 Foodpanda reserves the right to cancel any Order and/or terminate your use of the Website in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your Order.

 

6. Representations, Warranties and Limitation of Liabilities

 

6.1 Representations and Warranties 

You acknowledge and agree that the content on the Website are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Website 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 Website and the services we offer, are available at all times, we do not warrant or represent that the Website 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 Website due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.

 

6.2 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 Website, our services, and any website linked to our Website and any content or material posted on it. Your exclusive remedy with respect to your use of the Website is to discontinue your use of the Website. 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 Website or for any other claim related in any way to your use of the Website. 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.

 

7. 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 Website, and shall form a part of these Terms. 

 

8. 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 Website or your breach of these Terms. 

 

9. Third Party Links and Websites

The Website 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.

 

10. Termination

 

foodpanda has the right to terminate and/or suspend your access to the Website, 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 Website.

 

11. 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 Website. 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 Website immediately.

 

12. 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.

 

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You agree to submit the non-exclusive jurisdiction of the Hong Kong courts in respect of any claim or matter arising under the Terms.

14. Contact Us

If you wish to contact us regarding any questions or comments you may have, please access the Help & Support Live Chat feature on your device, or submit a request via the Partner Support Request Form. 

 

15. 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.