Refund Account Terms & Conditions

REFUND BALANCE ACCOUNT TERMS AND CONDITIONS

Please read these terms and conditions (“Refund Balance Account Policy”) carefully before registering, accessing or using the Refund Balance Account located at https://www.foodpanda.com.bd/ (“Foodpanda Website”) or the Foodpanda mobile application (hereinafter collectively referred to as “Foodpanda Platform”) on any device and/or before using any services in relation to the Refund Balance Account that may be offered by Foodpanda on the Foodpanda Platform (hereinafter referred to as “Services”). This Refund Balance Account Policy forms a legal agreement between you (“User” or “you”) and Foodpanda Bangladesh Ltd. (“Foodpanda” or “we”). These Refund Balance Account Policy are supplemental to and deemed to be incorporated into the Terms of Use located at https://www.foodpanda.com.bd/contents/terms-and-conditions.htm, which govern your use of the Foodpanda Platform.

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 person who has reached eighteen (18) years of age and is eligible to enter into a contract under the Contract Act, 1872,and has registered for the Refund Balance Account by accepting this Refund Balance Account Policy.

You agree and acknowledge that you have read the Refund Balance Account Policy set forth below. In addition, you confirm that you are (a) a citizen of Bangladesh, resident in Bangladesh; (b) have attained the age of 18 years; and (c) have a valid Foodpanda account. If you do not agree to this Refund Balance Account Policy or do not wish to be bound by it, or are below eighteen (18) years of age, please do not use the Services and Refund Balance Account and/or immediately discontinue your use of the Services and Refund Account.

Foodpanda may amend the Refund Balance Account Policy from time to time by publishing an updated version on the Foodpanda Website. The updated version of the Refund Balance Account Policy shall take effect immediately upon posting. It is your responsibility to review this Policy periodically for updates/changes. Your continued use of the Services following the posting of such changes shall be deemed to be your acceptance and agreement to the revised Refund Balance Account Policy.

Your use of the Services, the Refund Balance Account and the Foodpanda Platform indicates your agreement to this Policy, so please read the Refund Balance Account Policy carefully before proceeding. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms in this Refund Balance Account Policy. If you do not agree or fall within the Terms, please do not use the Platforms or opt-out of the Refund Balance Account feature from your application. By impliedly or expressly accepting this Refund Balance Account Policy, 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. Registering for Refund Balance Account

Foodpanda offers a Refund Balance Account , a closed system payment account, to a User on the Foodpanda Platform. To use this feature on the Foodpanda Platform, a User must register by providing their details, namely, name, email address, and mobile number (“User’s Details”), and a Refund Balance Account will be issued to a User immediately upon successful registration on the Foodpanda Platform. If you are already registered on the Foodpanda Platform, a Refund Balance Account has already been issued to you.

2. Key Features of Refund Balance Account

The key features of the Refund Balance Account are set out below:

Key Features Of Refund Balance Account
S.No.	Feature	Conditions
1	Usage	Users have the discretion to opt-in to this feature by way of accessing it through the Foodpanda Platform; and that this shall be deemed to be the User’s consent to receive and store the due refunds to be used in future purchase. Users retain the right to opt-out of this feature or change their default refund preference at any time through the Foodpanda Platform.
2	Refund Balance	Monetary amount can be credited in the Refund Balance Account by way of refunds issued by foodpanda that might arise due to cancellations and returns of your online and cash transactions on the Foodpanda Platform.
3	Maximum Balance	The balance in the Refund Balance Account cannot exceed BDT 50,000 at any point of time. You will not be able to receive refunds and make online top-ups to your Refund Balance Account if this will cause the balance to exceed BDT 50,000.
4	Use of Balance	The balance in the Refund Balance Account can only be used to purchase goods and/or services from the vendors listed on the Foodpanda Platform (“Vendors”). If you choose to utilize the balance in your Refund Balance Account for an order and the value of the order exceeds the balance in your Refund Balance Account, the balance in your Refund Balance Account shall be utilized 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”) Any remaining balance after an order may be used on subsequent orders.
5	Transfer of funds	You have the option of transferring refunds received in your Refund Balance Account to the original payment source from which payment was made for the order. Please note that Partial Refunds cannot be transferred to the original payment source.

3. General Terms of Use for Refund Balance Account

The balance in the Refund Balance Account cannot be withdrawn as cash.
The Refund Balance Account is not transferable.
No interest is payable on the outstanding balance in the Refund Balance Account.
Each User is permitted to operate only one (1) Refund Balance Account. Any violation or suspected violation of this condition shall constitute grounds for suspension of the User’s access to all Refund Balance Accounts of the User.
Foodpanda may, from time to time, require additional information from you regarding your identity and your use of the Refund Balance Account, including transactions made thereon, identification information and number of Refund Balance 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 Refund Balance Account and/or Foodpanda Account.

Foodpanda reserves the right to suspend/discontinue the Refund Balance 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 Bangladesh Bank 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 Refund Balance Account Policy;

Foodpanda in its sole opinion and discretion believes that cessation/suspension of the Refund Balance Account is necessary for any other legitimate purpose.

Mode of Refund: If you are entitled to a refund in accordance with the refund and cancellation policies in the Terms and conditions the refund will be processed as follows:

Default refund to refund balance account: For orders where payments were made via credit cards, debit cards, Prepaid cards, Mobile Financial Services (bKash), or for eligible Cash-on-Delivery (COD) orders, the default mode of refund will be a credit to the Refund Balance Account. The amount approved for refund shall be at Foodpanda's sole discretion.

Transfer to source: You may choose to transfer the refunded amount from your Refund Balance Account to the original payment source (e.g., credit card, debit card, Prepaid cards or MFS account). Such transfers will be processed in accordance with applicable regulations and may take up to seven (7) to ten (10) working days to reflect in your source account. For COD orders only, you will be required to designate a bank or MFS account for the transfer.

Change of Preference: You may change your refund preference in your account settings at any time to have all future refunds sent directly to the original payment source by default.

Validity of Balance in Refund Balance User Account: The balance reflected in your Refund Balance Account shall not expire as long as you have a valid Refund Balance Account. In the event you wish to close your Refund Balance Account, you may redeem the entire outstanding balance in your Refund Balance Account only by making a purchase on the Foodpanda Platform prior to closing your Refund Balance Account. However, if your Refund Balance Account is terminated by Foodpanda pursuant to Paragraph IV or V above, the termination shall take place with immediate effect and you shall not be permitted to utilize any remaining balance in your Refund Balance Account, which will be forfeited.

Charges: Foodpanda does not charge Users any fee for creating a Refund Balance Account or use of Services. Foodpanda reserves the right to change its fee policy and will provide notice of any such changes on the Foodpanda Website.
Prohibited Uses of Refund Balance Account: Without prejudice to the other restrictions and limitations contained above, you shall not under any circumstances:

use the Refund Balance Account to defraud Foodpanda, its 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 Refund Balance Account in such a manner that violates, or causes Foodpanda to be a party in the violation of any law, statute, ordinance or regulation;
impersonate any person or entity, falsely claim or otherwise misrepresent 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, profane, 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 Refund Balance Account in a manner that may result in complaints, disputes, imposition of fines, penalties, chargebacks or any other liability to Foodpanda; or
use the Refund Balance Account for money laundering, terrorism financing, tax evasion or any other illegal activities.

Your Responsibilities:In connection with your use of the Refund Balance Account, it shall strictly be your responsibility to adhere to the following:

Promptly inform Foodpanda of any unauthorised usage of your Refund Balance Account and any other circumstances which may lead to unauthorised usage of your Refund Balance Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;
that when you acquire goods and/or services from a Vendor and pay the Vendor through the Refund Balance 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; and
to use the Refund Balance 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 Refund Balance Account.

Unauthorised Transactions and Redressal:

An unauthorised transaction occurs when a payment is made from or to your Refund Balance Account that you did not authorise. For example, if someone makes a transaction from your Refund Balance Account using a stolen password, an unauthorised transaction has occurred. If you provide access to your Refund Balance 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 solely responsible for any resultant use.
The liability of any misuse is solely yours, until you report the issue to Foodpanda.
In the event of an unauthorised transaction made using your Refund Balance Account, you must report the misuse of your Refund Balance Account to the police and lodge a complaint with the police. Simultaneously, you should also immediately notify Foodpanda if you believe:

there has been an unauthorised transaction or unauthorised access to your account; or

your username and password for your Refund Balance Account has been compromised;
For unauthorised transactions or errors made using your Refund Balance Account, you may notify us via our in-app Help Center/Customer support chat feature.

4. Intellectual Property

Intellectual Property

All trademarks, service marks, logos, images, copyrights, patents, trade secrets or any other rights , as displayed on or embodied in 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.

Foodpanda Platform, Refund Balance 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 Refund Balance Account and the Services.

These Refund Balance Account Policy do not convey to you any rights of ownership in or related to the Foodpanda Platform, the Refund Balance 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.

5. 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.com.bd/contents/privacy.htm.

6. Indemnification

By agreeing to these Refund Balance Account Policy and upon using the Services and/or the Refund Balance 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:

your use of the Services, the Refund Balance 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;
your violation or breach of any of the Refund Balance Account Policy or any applicable law or regulation;
your violation of any rights of any third party;
your misuse of the Services and/or the Foodpanda Platform.

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

The use of the Refund Balance 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 Refund Balance 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.

8. Complaints

You may contact Foodpanda if you wish to make a complaint about the Services via our in-app Help Center/Customer support chat feature.

9. Assignment

These Refund Balance Account Policy, 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 Refund Balance Account Policy, whether in whole or in part, to any third party, including its affiliates or related entities, without your consent.

10. Notices

Foodpanda may give notice by means of a general notice on the Foodpanda Platform (In-App Notification), 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/In-App notification).
You may notify or communicate with foodpanda via in-app Help Center/Customer support chat feature.

11. Governing Law and Dispute Resolution and Governing Law.

a. The parties shall first attempt to amicably settle the dispute through communication with the Foodpanda’s Help Center/customer care services.
b. If the dispute is not amicably settled within thirty (30) days from the date of the aforementioned communication with Foodpanda’s Help Center/ customer care service, either party may file a complaint with the Directorate of National Consumer Rights Protection (DNCRP) in accordance with applicable laws and procedures.