Code of Conduct: Merchant Partner

2. STATEMENT OF THE MERCHANT PARTNER FOR ACTION

You hereby represent and agree that:

1. You fully understand all clauses in the Code of Conduct mentioned above;
2. You are willing to be responsible for any losses suffered by Users and/or Grab Indonesia if you are found to have violated any clause in this Code of Conduct;
3. You are willing to actively participate in the checking process carried out by Grab Indonesia regarding case reports of food safety standards which refer to the Help Center page regarding Let’s Recognize Categories of Food Quality Declines and Their Effects; The results of these checks will be used as the basis for the implementation of sanctions up to the withdrawal of fees (refunds) as described in the points below;
4. You are willing to actively participate in maintaining the quality of the foods and/or beverages you sell so that your restaurant has the opportunity to be given a good rating by Customers. Therefore, you are willing to accept the following actions if your rating is below 3.8 in the form of:
   1. Temporary deactivation of the restaurant for ratings 1 – 1.9
   2. Deactivation of the promo creation feature via the Grab Merchant application for ratings 2 – 3.7
      
      If you fall into the two conditions mentioned above, you are required to complete the Grab Academy materials that have been determined by Grab within 30 days from the notification. You can file an appeal once the Grab Academy materials have been completed.
      
5. You are willing to be responsible for accepting fee withdrawals (refunds) referring to Point 1.1 of the General Code of Conduct for Merchants, at Point 8 equal to the nominal price for the purchase of problematic foods/beverages spent by the User, if the User reports a decrease in the quality of the product presented. The types of reports that will be charged for fee withdrawals include but are not limited to: foods that have an unpleasant smell or have gone stale; foods that are contaminated with foreign objects; foods that cause poisoning; wrong foods received; the foods received are not in accordance with the order instructions from the User which resulted in a violation of the religious aspects; expired food, missing item, and wrong item, and not sending foods (for Merchants using their own fleet). A complete explanation of this point is listed on the Help Center page regarding Refunds from Merchants;
6. You are allowed to file an appeal if you object to all or part of the allegations/reports related to orders from your Restaurant through the Help Centre;
7. You are willing to use the “Merchant Edit Order” feature to update orders and notify Users of replacement goods if stock runs out or you cannot fulfill orders, either partially or completely. You are also willing to update information periodically through the Grab Merchant application regarding menu availability.
8. You are willing not to use any application or device owned by yourself or someone else that has the potential to cheat or manipulate the booking system that has been created by Grab;
9. You are willing to maintain the security of receiving transactions at the business location to prevent security risks from occurring, such as: acts of abuse or fraud as defined in Point 5 below;
10. You are willing to not commit or be involved in acts that violate the law/regulation, but are not limited to acts of abuse or fraud as defined in Point 5.1 below;
11. You are willing to be investigated by Grab or the Authorities if there are indications of committing acts of abuse or fraud as defined in Point 5.1 below;
12. You agree to be subject to changes to the Merchant service settings on the GrabFood service which will be notified to you in advance if you do not make a payment after 30 days since you receive an invoice from us;
13. You are willing not to impose any form of coercion on Users (change orders, change drop-off locations, cancel orders, and order outside Grab Application);
14. You must comply with the applicable laws and regulations concerning personal data and undertake not to violate privacy policies or personal data, including taking action to contact Drivers and Users with the intention of offering products, promotions, or other purposes that are not related to orders that have been ordered on the Grab application. This practice is not endorsed and prohibited by Grab, including other activities such as the collection, processing, using, and disclosing of Personal Data obtained from Grab Merchant applications or personal devices without the knowledge and consent of Grab (“Violation of Personal Data”). You agree that all consequences resulting from the Violation of Personal Data shall be Your sole responsibility as a Merchant Partner and You hereby release Grab from all claims, demands, dispute resolution, penalties, fines, losses, costs, and/or responsibility arising from the Violation of Personal Data;
15. You agree to be personally and fully responsible if there is a Violation of Personal Data as stated in Point 11 which results in legal consequences in accordance with Law of the Republic of Indonesia Number 27 of 2022 on Personal Data Protection if the Violation of Personal Data relates to personal data belonging to an Indonesian citizen. In the event that the Violation of Personal Data occurs to personal data belonging to a foreign citizen, You agree to be fully responsible based on the laws in force in other countries that may have cross-jurisdictional legal force (extraterritorial effect);
16. You are willing not to include your mobile/phone number in the description and menu photo in your Grab Merchant application. If it is proven and misuse occurs, it is the responsibility of the Merchant Partner;
17. You will attach the appropriate receipt/proof of payment to the User and re-check the nominal of the receipt/proof of payment to avoid the difference in the price that you put on the application with the nominal amount of the receipt/proof of payment;
18. You agree to comply with and follow the Content Guidelines and acknowledge that Grab has the right to remove such inappropriate content from Grab Application without prior notice to the Merchant Partner;
19. You are willing not to use misleading photos and/or menu descriptions (Such as: uploading images, words, or contents that match the type of menu being sold; and writing “Accepting Orders (Terima Pesanan)” or other things that are not relevant to the menu in the photos or contents). You can pay attention to the match between the photos and descriptions in the application with the original form. If within 2 x 24 hours you do not change the appropriate photos or menu contents, Grab will delete the photos or menu contents in your Grab Merchant application;
20. You are willing to follow the health protocol in accordance with the instructions from the Government and/or other authorized official institutions, such as wearing masks, washing hands, using gloves, and not preparing foods/beverages when sick/when your Staff/Employee’s body temperature is above the rules set by the Government. A complete explanation of this point is listed on the Help Center page regarding Always Hygienic Discipline, Preventing the spread of COVID-19 now;
21. You are willing to ensure that your restaurant environment is safe and hygienic to ensure that the quality of foods/beverages served to Users are appropriate and safe for consumption;
22. You are willing to pay attention to and confirm any additional instructions from Users to prevent Users who may have allergic reactions to certain food ingredients. For example the instructions “no shrimp,” “sensitive to eggs,” and “allergic to peanuts”;
23. You are willing to check the suitability of the order and ensure the packaging used is safe and has been sealed to avoid contamination or spillage before the order is given to the Driver Partner;
24. You have ensured that the foods or products you are selling do not violate the Terms of Trade as written in Point 4 and can be found in full in the Terms of sale of GrabFood and the Terms of sale of GrabMart goods; Violations of which may result in the imposition of sanctions as determined by Grab as stated in Point 1.1.1. Provisions of the Merchant Partner Code of Conduct, paragraph 1.1.1.1 Serious Violations regarding the Sale of Prohibited Products;
25. You are willing to guarantee that your Restaurant has the permits required by applicable laws and regulations to be able to carry out business activities, including but not limited to, business licenses, operational permits, other related permits, permits to sell beverages/foods containing alcohol, as well as other legal documents (eg IUMK, SIUP-MB, and SITU). The truth of the ownership of the license is the responsibility of your Restaurant, as well as all risks related to the license, are your responsibility, and you hold Grab harmless from all demands, claims, and other responsibilities related to the truth of the information, as well as those related to your non-compliance with the permits related to this matter;
26. You are willing to guarantee that the halal license and logo that you include on the application are official/original
27. You are willing not to use:
    1. Words that contain elements of ethnicity, religion, race, and intergroup (SARA), discrimination, vulgarity, disease/epidemic, threatening, demeaning, or cornering certain parties, are not in accordance with social values ​​and norms or based on policies determined by Grab, on Menu Items, Restaurant names, and Details of Your Restaurant Information.
    2. Images of alcohol, images of cigarettes, images that contain vulgar elements, and ethnicity, religion, race, and intergroup (SARA) on your menu photos, logo photos, and banner photos.
28. You are willing to take part in training/socialization held by the GrabFood team, which aims to increase your knowledge and skills in terms of quality, hygiene, and safety from processing to serving foods/beverages;
29. The brand that you use does not violate the Intellectual Property Rights (IPR) of anyone or in any form from other parties, that this is your own trademark and does not imitate other parties and there is no bad faith in this matter; and
30. You are willing to cooperate with Grab to submit evidence, in connection with the discovery of alleged infringement of intellectual property rights by certain parties using brand names without rights to the same or similar brands (such as the presence of a dominant element that creates the impression of similarities, both in terms of shape and form, placement method, writing method or combination of elements, as well as speech sound similarities, logos, and menu photos) with registered brands.
31. You are willing to comply with Grab’s policies to ensure the security of your Merchant account. If there is no transaction using any payment method in a period of 1 (one) year in your account, then You will receive notification indicating that You are categorized as a “Dormant Merchant”. As a consequence of such “Dormant Merchant” status,  Your account will be deactivated. If Your account has been deactivated, You can reactivate Your account by re-validating Your identity.
32. Is MANDATORY for Merchants to uphold freedom of opinion and avoid personal conflicts, including political views, with other Merchants, Driver Partners, Users, and Grab Staff.
33. Is MANDATORY for Merchants to liberate Grab from any responsibilities or obligations that may arise from political activities, and to hold Grab harmless for any claims made against it by third parties related to political activities carried out by the Merchants personally.

3. FOOD SAFETY AND QUALITY STANDARDS

The following are food safety standards that must be obeyed by Merchants which are compiled as a reference for Merchants in keeping, maintaining, and improving the quality of the foods/beverages served, and avoiding the possibility of a violation of the Code of Ethics as set out in the previous points.

1. Ensure the foods you serve are perfectly cooked (fit to eat) unless otherwise specified by the Users (applies to certain types of foods that are sold and served in conditions other than perfectly cooked), this is important to avoid any negative complaints that caused by food poisoning and allergies;
2. Ensure the foods/beverages you are about to serve do not pass the consumption limit (not past the expiration date) this is important to avoid any negative complaints caused by food poisoning and allergies;
3. Ensure the foods you will serve are still in a condition suitable for consumption (do not smell sour, stale, slimy, or moldy) this is important to avoid any negative complaints caused by food poisoning and allergies;
4. Ensure the foods’ details are in accordance with the Users’ request. This is to avoid the possibility of negative complaints that arise related to allergies, violations of religious principles, orders that are lacking or not appropriate;
5. Ensure the foods/beverages you serve have been packaged and sealed securely, to avoid damage, and contamination during the food delivery period until they are received by the Users. This is important to avoid any negative complaints caused by food poisoning and allergies;
6. Ensure the foods that have been served in the package are not contaminated by objects, animals, or harmful substances, and other things that are not part of the food (such as: finding staples, nails, pins, insects, caterpillars, maggots, cigarette butts, iron, rubber, nails, and plastic); and
7. Ensure the food item and quantity match the order. To avoid the possibility of negative complaints arising from errors in the process of preparing orders.
8. Ensure you follow health protocols when preparing foods/beverages in accordance with instructions from the Government and/or other authorized official institutions, such as wearing masks, washing hands, using gloves, and not preparing foods/beverages when sick/when the body temperature of your Staffs/Employees/Officers are above the rules set by the Government. A complete explanation of this point is listed on the Help Center page regarding Always Hygienic Discipline, Preventing the spread of COVID-19 now.

4. BUSINESS TERMS

1. Images, words, or contents related to the uploaded Products shall not infringe any party’s intellectual property rights and any derivatives thereof in any form (logos, products, slogans, and others);
2. Merchants shall upload images, words, or content that match the type of menu being sold. Merchants are not allowed to upload photos that display images/logos/names of application services other than Grab;
3. Merchants shall guarantee the authenticity and correctness of information of the products being sold, including the sale of vitamins, supplements, and other consumer products;
4. Merchants who sell alcohol are required to have permits required by applicable laws and regulations to be able to carry out business activities, including but not limited to, business licenses, operational permits, other related permits, permits to sell beverages/foods containing alcohol, as well as other legal documents (eg IUMK, SIUP-MB, and SITU);
5. It is not allowed to deliver alcohols to be delivered to destinations within a radius of 100 meters from Educational Institutions, Places of Worship, Hospitals, and Public Places;
6. It is not allowed to trade alcohol to Customers who are under 21 years of age;
7. Merchant Partners in the form of pharmacies, drug stores, and the like that sell over-the-counter drugs (BPOM green circle) and limited over-the-counter drugs (BPOM blue circle) are required to have permits required by the applicable regulations and laws to be able to conduct retail sales, including but not limited to business licenses, operational permits, other related permits, and permits to sell medicines (the intended licenses include, but are not limited to pharmacy licenses (Surat Izin Apotek or SIA), pharmacist practice licenses (Surat Izin Praktik Apoteker or SIPA), and Drug store license (Surat Izin Toko Obat or SITO);
8. Merchant Partners who sell products containing/results of processed stingrays, sharks, and other species listed in the appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are required to have permits required by the applicable regulations and laws to be able to carry out commercial uses, including but not limited to business licenses, operational permits, other related permits, as well as permits to sell medicines (the said licenses include, but are not limited to fish species utilization permits (Surat Izin Pemanfaatan Jenis Ikan or SIPJI));
9. It is not allowed to use:
   1. Words that contain elements of ethnicity, religion, race, and intergroup (SARA), discrimination, vulgarity, disease/epidemic, threatening, demeaning or cornering certain parties, are not in accordance with social values ​​and norms or based on policies determined by Grab, on Menu Items, Restaurant names, and Details Your Restaurant Information;
   2. Images of alcohol products that can be considered as a violation of the provisions of the applicable regulations;
   3. Images that contain vulgar elements, and ethnicity, religion, race, and intergroup (SARA) on your menu photos, logo photos, and banner photos.
10. It is not allowed to display different prices for the same product.
11. It is not allowed to trade goods/Items listed in the Terms of sale of GrabFood foods and the Terms of sale of GrabMart goods, for example:
    • Processed products/products containing prohibited animals (example: dogs/B1, Bulus (soft shell turtles), lizards, cats, bats, paniki, snakes, frogs, turtles, crocodiles);
    • Alcohols (only for Merchants who do not have an operational license/permit);
    • Tobacco-based products (such as cigarettes and electronic cigarettes/e-cigarettes (vapes, pods, liquid vapes, refillable pods), and other nicotine-containing products);
    • Prescription drugs, illegal drugs, over-the-counter drugs;
    • Beauty water;
    • Water gallon;
    • New and refillable LPG gas cylinders may not be displayed on and traded through Grab Application, except if the delivery is not carried out by Grab’s Driver Partners and/or PT Solusi Pengiriman Indonesia. For the avoidance of doubt,  new and refillable LPG gas cylinders may be displayed on and traded through Grab Application if the delivery is done by the Merchant itself or a delivery partner assigned by the Merchant that has the necessary permit and ability to deliver the said new and refillable LPG gas. In this case, the security and safety during the delivery process shall be  the Merchant’s absolute responsibility;
    • Processed products/products containing plant species in conservation status;
    • Instant Food (example: instant noodles, instant baby food, coffee, powdered milk, ice cubes, snacks); and
    • Credit/Data Packages/E-wallet Top-ups/Game Vouchers/other digital service vouchers.
    • Referring to the Ministry of Trade’s Circular Letter number BU.01.00/43/PDN/SD/02/2023 dated February 1, 2023, regarding the Sale of Minyakita on the Marketplace, the government’s subsidized cooking oil being sold with the brand name of MINYAKITA is temporarily prohibited from being traded until further notice.

5. FRAUD

5.1. Definition: What is meant by “Fraud” is any action related to acceptance, execution, and/or settlement through the Grab application, which includes but is not limited to:

5.1.1. Actions carried out with the objective of obtaining personal gain by violating the law, for example: carrying out fake transactions, scamming, fraud, embezzlement, conspiring with third parties to commit fraud, money laundering, promo manipulation/abuse, funding for terrorism activities, human trafficking, prostitution, pornography, both in the context of carrying out in house transactions or other transactions with Merchant partners outside of this collaboration, and/or manipulating the transaction processing system organized by Grab and Other Payment Providers*******;
5.1.2. Acts against the law that have caused losses and/or have the potential to cause losses, both material and immaterial to Grab, Driver Partners, fellow Merchant Partners, Customers, Other Payment Providers******* and/or other parties;
5.1.3. Unlawful acts that cause violations of other agreements that bind Grab with other third parties; and
5.1.4. Other actions that are considered unlawful, for example: fraud, scam, abuse, embezzlement of funds, money laundering, financing of terrorism, corruption, or other violations.

5.2. Action: If there is an indication of Fraud, Grab has the right to conduct and strategize an investigation of the Merchant Partner as follows;

5.2.1. In carrying out the investigation, Grab has the right to take the following actions:

• • Stop or block acceptance or processing of Sales Partner Transactions (Merchants).
  • Suspend delivery of transaction/settlement of transactions from Merchant Partners.
  • Blocking applications and/or any features in applications related to receiving Merchant Partner transactions, such as: transaction cancellation features, refunds, and/or the Grab Application as a whole ecosystem.

5.2.2. If a Merchant Partner and/or a Merchant Partner’s Representative (Merchant) has been proven to have committed Fraud, which then has implications for an investigation and/or investigation by the Authorities, Grab has the right to do the necessary actions to assist the investigation, as ordered by the Authorities and Grab has the right to remove Merchant Partner from the Grab application to accept and/or complete any orders received from Users through the Grab application; 
5.2.3. The actions that Grab takes based on the above investigation process will be carried out by Grab for a period of 30 (thirty) days which can be extended if deemed necessary by Grab and/or in accordance with directions from the Authorities in order to assist the investigation process and/or investigation; and
5.2.4. If the results of the investigation show that the Selling Partner (Merchant) is not proven to have committed Fraud, then Grab will stop carrying out the actions listed in the points above.

*******Other Payment Providers means payment system providers who cooperate with Grab to be chosen by Users to conduct a transaction within Grab application. In this case, Other Payment Providers may include conventional banks and digital banks as payment methods accepted by Grab in every transaction.