Agreement to Terms
You may be required to create an account and specify a password to use certain features on the foodpanda vendor website. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by mail at: Foodpanda 143 Cecil Street #26-01 GB Building Singapore 069542 or send a message to our live-chat service. You agree to indemnify and hold harmless foodpanda for losses incurred by foodpanda or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
Content Posted by Other Users
foodpanda is not responsible for, and does not endorse, Content in any posting made by other users (including but not limited to merchant partners) on the foodpanda vendor website. Under no circumstances shall foodpanda be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the foodpanda vendor website. If you become aware of misuse of the foodpanda vendor website by any person, please contact foodpanda by mail at: Foodpanda 143 Cecil Street #26-01 GB Building Singapore 069542 or send a message to our live-chat service.
If you feel threatened or believe someone else is in danger, you should contact the local law enforcement agency immediately.
Merchant Partner Policies
Any goods or services purchased from any merchant partner, is governed by and subject to the applicable merchant partner’s policies and terms and conditions, including but not limited to the applicable return, cancelation, exchange, and shipping policies. You agree that foodpanda is not an agent of any merchant partner and that the merchant partner operates independently and not under foodpanda’s control. Accordingly, your participation in offers or promotions of, or correspondence with, any merchant partner is solely between you and that merchant partner. foodpanda does not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. foodpanda is not responsible for changes to, or discontinuance of any merchant partner from the foodpanda vendor website or the termination of any promotion offered by any merchant partner on any of the foodpanda vendor website. foodpanda assumes no responsibility and shall not be liable for any content, product and/or services on the merchant’s platforms (including but not limited to the quality, merchantability or fitness of such products or services or that such content, product and/or services does not breach any laws or regulations).
Activities Prohibited on the foodpanda vendor website
The following is a partial list of the kinds of conduct that are illegal or prohibited on the foodpanda vendor 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:
- Using the foodpanda vendor website for any purpose in violation of local, state, or federal laws or regulations;
- Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- 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;
- Posting Content that constitutes cyber-bullying, as determined by foodpanda in its sole discretion;
- Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
- Posting telephone numbers, street addresses, or last names of any person;
- Posting any form of HTML or programming code;
- Posting anything that may be “spam,” as determined by foodpanda in its sole discretion;
- Impersonating another person when posting Content;
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Harassing, threatening, stalking, or abusing any person;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the foodpanda vendor 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
- Encouraging other people to engage in any prohibited activities as described herein.
foodpanda reserves the right -- but is not obligated -- to do any or all of the following:
- Monitor, edit, or disclose any Content on the foodpanda vendor website; and
- Edit or delete any Content posted on the foodpanda vendor website regardless of whether such Content violates these standards.
- foodpanda Trademarks and Copyrights
All trademarks, logos, and service marks displayed on the foodpanda vendor website are registered and unregistered Trademarks of foodpanda and/or third parties who have authorized their use (collectively the “Trademarks”).
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of foodpanda's trademarks on any other website is strictly prohibited. All of the materials contained on the foodpanda vendor website are copyrighted except where explicitly noted otherwise. foodpanda will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. foodpanda neither warrants nor represents that your use of materials displayed on the foodpanda vendor website will not infringe rights of third parties not owned by or affiliated with foodpanda. Use of any materials on the foodpanda vendor website is at your own risk.
This foodpanda vendor website may contain hyperlinks to third-party websites. foodpanda does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that foodpanda is not responsible or liable for any Content or other materials on these third party websites.
Governing Law and Severability
The foodpanda vendor website and the Content are provided on an “as is” basis. To the fullest extent permitted by law, foodpanda, its parent, subsidiaries, and affiliates (the foodpanda entities), and each of their agents, representatives and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantibility, non-infringement of third parties rights, and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The foodpanda entities, their agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the foodpanda vendor website will be reliable, accurate, complete, or updated on a timely basis; (b) the foodpanda vendor website will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the foodpanda vendor website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (d) any Content you post on the foodpanda vendor website will remain on the foodpanda vendor website; or (e) the functions or services performed on the foodpanda vendor website will be uninterrupted or error-free or that defects in the foodpanda vendor website will be corrected.
Limitation of Liability
The foodpanda entities, their agents, representatives, and service providers, entire liability and your exclusive remedy with respect to your use of the foodpanda vendor website is to discontinue your use of the foodpanda vendor 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 foodpanda vendor website or for any other claim related in any way to your use of the foodpanda vendor 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, the foodpanda entities, their agents, representatives and service providers' liability shall be limited to the extent permitted by law.
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