I. TERMS OF SERVICE AND GRAB INDONESIA POLICIES

Section A – General Terms

1.Introduction 

1.1. Please read these Terms of Service carefully. By using the Service (as defined) or accessing our Platform, you agree that you have read and understood the terms in these Terms of Service which are applicable to you.

1.2 If You are accessing the Application and/or placing an order for Solutions from a certain territory in Indonesia in which Grab cooperate with local business partner to facilitate the provision of Solutions to You (the Indonesia Local Territory), please refer to the Terms of Services set out in the Section II  – General Terms for the Indonesia Local Territory (as below).

1.3. If you use the Service or access the Platform in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Terms of Service and Grab Policies applicable in the Alternate Country which can be found at https://www.grab.com as it may differ from the country where you registered for the Application. By using the Service or accessing the Platform in the Alternate Country, you agree to be bound by prevailing Terms of Service and Grab Policies in the Alternate Country.

2. Binding Agreement; Grab as a platform only

2.1 These Terms of Service and the Grab Policies (as defined) constitute a legally binding agreement between you and Grab (as defined). The Terms of Service and the Grab Policies apply to your use of the Service (as defined) provided by Grab or access to our Platform. If you do not agree to the Terms of Service and/or the Grab Policies please do not use or continue using the Application, the Platform, the Software or the Service, or cancel your registration as the Local Partner Driver (if you are Partner) or the Consumer (if you are the Consumer).

2.2. Grab may amend the terms in the Terms of Service and the Grab Policies at any time. Such amendments shall be effective once they are posted on http://www.grab.com or the Application or relevant Platform. It is your responsibility to review the Terms of Service and the Grab Policies regularly. Your continued use of the Service or Platform after any such amendments shall constitute your agreement to be bound by such amendments.

2.3. GRAB IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR CONSUMERS TO OBTAIN SOLUTIONS (AS DEFINED BELOW) PROVIDED BY PARTNER. GRAB’S ROLE IS MERELY TO LINK THE CONSUMER WITH SUCH PARTNER. GRAB IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY PARTNER, AND ANY LIABILITY IN RELATION TO SUCH SOLUTIONS SHALL BE BORNE BY THE PARTNER. PARTNERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF GRAB AND THE SOLUTIONS PROVIDED BY PARTNERS SHALL NOT BE DEEMED TO BE PROVIDED BY GRAB.

3.Definitions

In these Terms of Service, the following words shall have the meanings ascribed below:

3.1. “Application” means the relevant mobile application(s) made available by Grab (or its licensors) for download by Consumers and/or Partner(s) as applicable or any third-party mobile application through which bookings for the Solutions can be made;

3.2. “Consumer” or “User” means any end-user who accesses or uses the Application and/or the Platform to search for and make booking of the Solutions;

3.3. “Consumer Charges, Other Consumer Charges and Order Fees”

3.3.1 “Consumer Charges” means charges incurred by Consumers for the Solutions provided by Partner through the use of Service, and any other fees or charges that may be due for a particular use of the Service or Solutions;

3.3.2 “Other Consumer Charges” means charges incurred by Consumers apart from Consumer Charges, including but not limited to, toll fees, taxes, Order Fees and/or Platform Fees, and other applicable fees or charges arising from the use of certain Services or Solutions;

3.3.3 “Order Fees” / “Platform Fees” means fees charged by Grab to the Consumers for the usage of the Service and development of the Platform (including but not limited to improving the quality of the Service, updating features and/or technology, and other necessary development for the Platform related to the Service);

3.3.4. “Foreign Service Fee” means a fee imposed by Grab to maintain the required connectivity and platform to enable payment using debit or credit cards issued outside of Indonesia.

3.4. “Partner Service Fee” means the service fee which shall be paid by Partner to Grab for the use of the Application, as further stipulated in Article 6.1 below;

3.5 “You” or “you” refers to Consumer and/or Partner as may be applicable;

3.6. “Grab” or “We” means PT Grab Teknologi Indonesia, which operate the Platform and/or the Application for the facilitation of booking of on-demand services provided by the Partner, for example: GrabCar, GrabBike, GrabFood and other services made available for booking in the Platform or the Application;

3.7. “Affiliates” means with respect to any entity, any other entity controlling, controlled by or under common control with such entity. For the purpose of this definition, “control” (including the terms “controlling”, “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise.

3.8. “Grab Policies” means the following:

3.8.1. the Privacy Policy;

3.8.2. the Transport Driver and Delivery Driver Code of Conduct, as may be applicable; and

3.8.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements made available to or entered into by you from time to time including those published on including https://www.grab.com/terms-policies/;;

3.9. “Partner” means an independent third party (not affiliated with Grab) that provides related Solutions to Consumers through the Service. Partners in this regard including but not limited to (a) Transport Driver and/or Delivery Driver classified as “small and medium enterprises” or as “micro, small, medium enterprises” under the prevailing laws (“MSMEs”), (b) Delivery Service Providers, (c) MSME Merchant Partners and non-MSME Merchant partners which sell certain goods (e.g. food & beverages) and services ; and (d) other providers of goods or services, as relevant.

3.10. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

3.11. “Platform” means the Application, Software and any other platform, portal or website that Grab owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the Service and/or Solutions including without limitation pages to provide related information;

3.12. “Platform Content” means every content provided in the Platform or part of such Platform including without limitation GrabMaps Content;

3.13. “Privacy Policy” / “Privacy Notice” means our privacy policy accessible at: https://www.grab.com/id/en/privacy as amended from time to time;

3.14. “Service” means such services provided by Grab, whether through itself or through its Affiliates;

3.14.1 to connect: (i) Consumers to the Partners; (ii) Consumers to SPI; and (iii) Delivery Driver to SPI, for the facilitation of Solutions provided by the Partner to Consumer via the Application, Platform and/or Software;  and/or

3.14.2 to facilitate Partner to use Partner’s wallet.

3.15. “Software” means any software associated with the Application which is made available for download by Consumers and Partners;

3.16. “Solutions” means variety of on-demand transportation, delivery services, and/or other on-demand services made available to Consumers and/or Partner through the Application and/or the Platform from time to time, for example: GrabCar e-hailing services, GrabBike e-hailing services, GrabFood delivery services, GrabMaps map or location related services (each a “Solution”):

3.17. “Transport Driver” means, as applicable, You who has submitted the online or offline registration, and agree under the Terms of Service and Grab Policies as Grab’s driver partner, to provide on-demand transportation services;

3.18. “Delivery Driver” means, as applicable, You who has submitted the online or offline registration, and agree under the Terms of Service and Grab Policies as SPI’s delivery partner, to provide on-demand delivery services;

3.19. “Merchant” means, as applicable, You who has submitted the online or offline registration, and agree to be a merchant partner of Grab under this Terms of Service, Grab Policies and the relevant merchant commercial agreement (including General Terms and Conditions for Merchant stated at https://www.grab.com/id/en/merchant/food/merchant-terms/) (General Terms and Conditions for Merchant”);

3.20. “Kudo Merchant” means partner affiliated with Grab (i.e. PT Kudo Teknologi Indonesia) which sells products for GrabMartDaily and/or GrabMartKilat services on the Platform and/or the Application;

3.21. “Delivery Service Provider” means a corporate business partner which cooperates with Grab and/or Grab Affiliates, which provides delivery services for Solutions under the brand of “GrabExpress”, “GrabFood”, “GrabMart” or other Solutions or brand  available in the Application from time to time, which require the delivery services from Delivery Services Provider.

3.22. “SPI” means partner affiliated with Grab (i.e. PT Solusi Pengiriman Indonesia), which provides delivery services for Solutions under the brand of “GrabExpress”, “GrabFood”, “GrabMart” or other Solutions available in the Application from time to time, which require the delivery services from SPI.

3.23. “Transport Base Earnings” is the base earnings received by the Transport Driver Partner to provide transportation services to Consumers, the amount of which is based on Consumer Charges as agreed between Transport Driver Partner and Consumer through the Application.

3.24. “Delivery Base Earnings” is the base earnings received by the Delivery Driver Partner from SPI in providing delivery services for SPI’s Consumer, the amount of which is based on the agreement between Delivery Driver Partner and SPI through the Application.

3.25. “Payment Quick Response Code that has met the Quick Response Code Indonesian Standard” or abbreviated as “QRIS” is a two-dimensional code consisting of three square pattern markers in the lower left corner, the upper left corner, and the upper right corner, has a black module in the form of a square of dots or pixels, and has the ability to store alphanumeric data, characters, and symbols, which are used to facilitate acceptability and implementation of Transactions, which have complied with the Indonesian Standard QR Code.

4.Representations, Warranties and Undertaking

4.1. By using the Service and/or Platform, you represent, warrant and undertake that:

4.1.1. You have legal capacity to agree to this Terms of Service and Grab Policies and that you are at least twenty-one (21) years old. You cannot agree to this Terms of Service and Grab Policies and, hence, cannot use the Service, if you are below twenty-one (21) years old; All the information which you provide shall be true and accurate;

4.1.2. You will only use the Application, Platform and Service for their intended and lawful purposes;

4.1.3. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential. If you share the account password or any identification (including without limitation authentication code) with or otherwise disclose them to any third parties such as your partners, affiliates or employees, you agree that the third parties shall have the authority to act on your behalf (including without limitation indicate your acceptance or your consent to any additional terms as Grab may make available to you whether via the Application or otherwise);

4.1.4. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

4.1.5. You will not try to interrupt or harm the Service, Application and/or the Software in any way;

4.1.6. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;

4.1.7. You shall not impair or circumvent the proper operation of the network which the Service operates on;

4.1.8. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require to verify your authorized use of the Service;

4.1.9. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

4.1.10. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Grab or any third party;

4.1.11. When using the Service, you agree to comply with all laws and regulations applicable to you and/or your use of the Service;

4.1.12. You will not copy, or distribute the Software or other content without written permission from Grab;

4.1.13. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during your use of the Application and/or the Platform. You agree that Grab may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Grab has the right to suspend or revoke your access to use the Application and/or the Platform at any time, with or without notice;

4.1.14. You will only use an access point or data account which you are authorized to use;

4.1.15. You agree that the Service is provided on a reasonable effort basis;

4.1.16. You agree to assist Grab with any internal or external investigations as may be required by Grab in complying with any prevailing laws or regulations in place;

4.1.17. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Grab or any other party as a result of your breach of this Terms of Services and/or the Grab Policies.

4.1.18. You will not use the Service for any sexual harassment act/behaviour.

4.1.18.1. You hereby acknowledge and understand that Grab is a fully committed entity for respecting the enforcement of human rights, justice and gender equality, and implementing ZERO TOLERANCE POLICY for ANY KIND AND FORM OF SEXUAL VIOLENCE, to repel any misinterpretation for addressing sexual violence, and to support law enforcement efforts against perpetrators and the recovery of the sexual violence victims. Such commitment includes the prevention and handling of any sexual violence case (including sexual violence against Unaccompanied Minors, as defined below) in the use of Services.

4.1.18.2. You hereby understand that the definition of sexual violence herein is any act of degrading, insulting, attacking and/or other actions against the body, sexual desires, and/or reproductive functions, by force, which is in contrary to the victim’s will, which causes the victim to be unable to give consent in a free state, due of the inequality of power relations and/or gender relations and/or other causes, which results in or can result in physical, psychological, sexual suffering or misery, loss economically, socially, culturally (“Sexual Violence“).

4.1.18.3. You understand and acknowledge that the forms of Sexual Violence stipulated herein is as follows:

4.1.18.4. You acknowledge that Grab gave high attention to sexual violence affecting vulnerable groups, including Unaccompanied Minors, persons with disabilities, pregnant women, the elderly, indigenous peoples, and victims of violence.

4.1.18.5. You further acknowledge that Grab implement anti-retaliation policy, which is an act of retaliation carried out or planned by someone which can be suspected of conducting sexual violence, against someone who conducted the report of such person act, or someone who helps with the reporting or complaints, or someone who participates in the investigation. Grab does not tolerate vigilantism, including but not limited to intimidating, threatening, or forcing the reporters to make written or oral statements to revoke the reports.

4.1.18.6. You also acknowledge that Grab does not tolerate false report or complaints with a purpose that could be suspected of bringing down the reputation of Grab.

4.1.18.7. All violations related to Sexual Violence as described above, will be firmly dealt by Grab in its sole and reasonable discretion, and in accordance with your representations and warranties herein. You acknowledge and understand that GRAB, together with law enforcement and victims or other relevant parties, may HOLD YOU RESPONSIBLE AND PUT YOU IN JAIL IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATION.

4.1.19. You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Grab or to disrupt the natural functions of the Application and/or the Platform.

4.1.20 You hereby understand and agree that Grab may install official recording devices (audio, visual and/or both) in or on the Partner’s vehicle which will be used for the safety of Grab Application users and/or for the purpose of mapmaking (“Grab’s Recorder“). Grab shall not be responsible for any personal recording devices independently installed by the Partner (“Personal Recorder”). I further represent, warrant and agree that:

4.1.20.1  Grab may collect, store, and process all images, data, information and/or materials recorded through  Grab’s Recorder for the safety purposes of Application users (including, but not limited to, the need for the recording to be used as evidence for the purposes of evaluating Grab’s partnership with Driver Partners, law enforcement and/or insurance claim) and/or mapmaking purposes (“Recording Purpose”) as well as to conduct the checking of billing services product on GrabKios and in accordance with Grab’s privacy notice and applicable laws and regulations; 

4.1.20.2 In relation to recordings made via a Personal Recorder, I will release and hold Grab harmless for any consequences arising from recordings via the Personal Recorder.

4.2 If you are a Partner, you further represent, warrant / undertake that:

4.2.1. You possess a valid driver’s license and are authorized to operate a motorized vehicle (either motorcycle, car, whether electric or not or other type of vehicle, as applicable) (the Vehicle) and have all the appropriate licenses, approvals and authorization in the jurisdiction in which you use the Service, to provide Solutions to Consumers;

4.2.2. If applicable, you own, or have the legal right and authority to operate, the Vehicle which you intend to use when providing Solutions to Consumers, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;

4.2.3. You acknowledge and agree that, in case you are the Transport Driver and/or the Delivery Driver when you accept the order in the Application, you hereby give the authorization to Grab to set and show the fare on the Application and, therefore, it will be  the agreed fare which you offer to the Consumer.

4.2.4. If applicable, you will use the appropriate road safety equipment (e.g. helmet);

4.2.5. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the provision of Solutions by you;

4.2.6. You shall obey all local laws related to the operation of a taxi/passenger delivery service and will be solely responsible for any violations of such local laws;

4.2.7. You shall not contact Consumers for purposes other than in connection with the Service;

4.2.8. You shall not reverse look-up, trace or seek to trace any information on any other Consumer or Partner, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;

4.2.9. You agree to be subject to random drug tests arranged or undertaken by Grab, its agents or appointed persons;

4.2.10. You are aware that when responding to Consumers, standard telecommunication charges may apply which shall be solely borne by you;

4.2.11. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Terms of Services and the Grab Policies, and have your employer’s prior consent to act on its behalf. For the avoidance of doubt, any reference to ‘you’ in this Terms of Services and/or the Grab Policies shall also refer to your employer, the account owner;

4.2.12. You agree that you are forbidden from giving out coupons and suggesting any other form of discounts to the Consumers. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of Grab’s information or information related to the Application or the Service. A breach thereof constitutes a grave offense and may be treated as industrial espionage or sabotage, and Grab reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and

4.2.13. You acknowledge and agree that Grab may suspend you temporarily or on permanent basis when you are reported/complained/indicated committing any act of sexual harassment, and Grab shall have right to conduct any examination/investigation on such report/complaint;

4.2.14. You acknowledge and agree that any violation with respect to sexual harassment, will be sanctioned by Grab in accordance with the Grab Policies and the applicable laws and regulations. Hence, Grab shall have the right under its sole discretion to unilaterally revoke your access to use the Application and/or the Platform and, as a result, you will be immediately no longer able to use the Application;

4.2.15. You acknowledge that the Application is equipped with a “Emergency Button” feature to connect you directly with Grab and/or other Grab’s appointed third party partner in the event you are in an emergency situation and/or need help. You hereby also acknowledge that Grab is only an intermediary to connect you with such a third party partner, and therefore you release any liabilities, charges and claims to Grab arising from the “Emergency Button” feature which is not responded properly and/or with immediate action by such third party. You also ensure that you will only use such features for emergencies only, and will be fully responsible for any liabilities that may arise due to the misuse of such features. To learn more of the usage, please see the details at https://www.grab.com/id/blog/driver/car/grabcar-tombol-darurat/;

4.2.16. If you are selected as a Partner to accept transactions made by Consumers using QRIS via the Application, you acknowledge and agree to the following:

4.2.16.1. QRIS can only be used to facilitate payment for Solutions available in the Application as determined by Grab from time to time.

4.2.16.2. Partners must use QRIS solely to facilitate Consumers’ payment for Solutions and are prohibited from using QRIS for payment transactions involving:

4.2.16.2.1. goods and/or services prohibited by applicable laws; and/or

4.2.16.2.2. goods or services deemed prohibited by Grab and/or PT Visionet Internasional.

4.2.16.3. In using QRIS codes or accepting payments through QRIS in the Application, Partners must:

4.2.16.3.1. Not engage in actions that may violate applicable laws, the interests of Consumers, PT Visionet Internasional, Grab, or any third parties, including but not limited to: fraud, money laundering, financing of terrorism, or any actions that may have detrimental effects on Consumers, PT Visionet Internasional, Grab, and/or any third parties;

4.2.16.3.2. Not impose any fees beyond those required by Grab on Consumers (surcharge);

4.2.16.3.3. Not implement any minimum or maximum purchase amounts on Consumers in order to complete transactions using QRIS;

4.2.16.3.4. Not provide cashing-in, cashing-out, or funds transfer services of any payment instruments to Consumers or any parties using QRIS codes, unless approved in writing by PT Visionet Internasional and Grab;

4.2.16.3.5. Not misuse QRIS codes for any purposes, including but not limited to: alterations, modifications, or changes to the QRIS codes, or utilizing applications to access and present QRIS codes;

4.2.16.3.6. Not suggest specific payment instruments to Consumers for QRIS transactions;

4.2.16.3.7. Maintain the security and confidentiality of data generated from QRIS transactions, including personal data, by not disclosing, transferring, or exposing such data;

4.2.16.3.8. Maintain the security of provided QRIS codes by avoiding actions that may alter their original functions.

4.2.16.3. If you are found to have committed any of the prohibited actions listed above, Grab reserves the right to impose sanctions, including but not limited to: revoking access to QRIS, suspending and/or withdrawing earnings, terminating contracts or collaborations with Grab, and demanding immediate payment of outstanding obligations.

4.2.16.4. Any earnings generated from a successful transaction using QRIS will be settled to You in the exact same manner as any successfully made payment transactions for Solutions with any method available on the Application.

4.2.17 In connection with recording purposes during the trip, I hereby represent, warrant and agree to the following: 

4.2.17.1 If Grab’s Recorder is installed in my vehicle, I will respect, comply with, and implement all provisions under the separate agreement I have entered into with Grab regarding the installation of the Grab’s Recorder; 

4.2.17.2 If a Personal Recorder is installed in my vehicle: 

4.2.17.2.1 I will notify and seek the consent from the Consumer and/or the person riding with or utilizing the Consumer’s  Application account (if relevant) (“Rider”), before the Rider  is on the ride with me, that the trip will be recorded by Personal Recorder and I (1) am fully responsible for the Personal Recorder’s misuse of the recording results (if happened and committed by me) in accordance with the applicable laws and regulations and (2) release Grab from  any consequences arising from the misuse of the recording via the Personal Recorder; 

4.2.17.2.2 In the event that the Rider is not willing or reluctant to grant his/her consent for recording purposes via the Personal Recorder, therefore I (1) will not force and/or demand that the Rider to ride with me and (2) will always comply with the Partner’s Code of Ethics that is agreed between me and Grab; 

4.2.17.2.3 In the event that the Rider does not grant his/her consent for recording purposes via the Personal Recorder, therefore I (1) will fulfill my obligations, Partner’s Code of Conduct, and the Rider’s rights and (2) be responsible for the misuse of the Rider’s personal data recorded in the Personal Recorder committed by me, in accordance with the applicable laws and regulations.

4.3. If you are a Consumer, you further represent, warrant / undertake that:

4.3.1. Your use of the Service is for your own personal use or, where permitted, for the use of another person who is not yet 21 (twenty one) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor;

4.3.2. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;

4.3.3. Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the relevant Solutions. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the Transport Driver is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy;

4.3.4. You shall not contact the Partner for purposes other than getting the Solutions;

4.3.5. You shall not intentionally or unintentionally cause or attempt to cause damage to the Partner or the Vehicle;

4.3.6. Where applicable, you fully understand that on certain applicable Solutions it is possible that there are other Consumers on your trip (if you are booking for the relevant transportation-type Solutions), and you will respect the rights of these Consumers by complying with all the laws and regulations applicable to you and/or other Consumers for the use of the Services, including but not limited to the exchange of Personal Data or other important information;

4.3.7. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;

4.3.8. Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;

4.3.9. You acknowledge and agree that only one (1) account can be registered on one device;

4.3.10. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and

4.3.11. You agree that Grab may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and/or deactivate or restrict access to your user account.

4.3.12 In connection with recording purposes during the trip with Grab’s Recorder, I hereby represent, warrant and agree to the following: 

4.3.12.1 I hereby understand and agree that Grab may make recordings via Grab Recorder for the purposes of Recording Purposes; 

4.3.12.2 I will notify and seek consent from the Rider whose order for the Solution was generated through my Application’s account related to the Recording Purpose and I will keep the proof of consent and will grant access to, or provide proof, of the consent to Grab as required from time to time.

5. Compatibility

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application. While we continuously develop the Application in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application is likely to be accessed from, we do not warrant compatibility of the Application with specific mobile devices or other hardware.

6. License Grant and Restrictions

6.1. Grab and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or Platform and/or the Software to use the Service, subject to the terms and conditions of this Terms of Services and the Grab Policies. All rights not expressly granted to you are reserved by Grab and its licensors.

6.2. You shall not:

6.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application, the Platform and/or the Software, in any way;

6.2.2. modify or make derivative works based on the Application, the Platform and/or the Software;

6.2.3. “mirror” the Application, the Platform or the Software on any other server or wireless or internet-based device;

6.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;

6.2.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application and/or the Platform; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application and/or the Platform or its content;

6.2.6. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information in the Application or the Platform without obtaining the prior consent of Grab;

6.2.7. remove any copyright, trademark or other proprietary rights notices contained on the Application or the Platform; or

6.2.8. use the Application and/or the Platform to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send, post, or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children,  violative of any third party rights or otherwise in breach of the applicable laws and/or Grab Policies such as the Review Guidelines and Guideline on inappropriate and sensitive online content (also known as, “Community Guideline”); (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.

7. Partner Service Fee and Payment to Partners

7.1. For Partners:

7.1.1. If you are a:

(i) Transport Driver Partner, for GrabCar, GrabBike and/or other on-demand transportation services which may be available from time to time, you agree that you are a partner to provide transportation services to Consumers, and you will receivie Transport Base Earnings, if you provide transportation services via Application;

(ii) Delivery Driver Partner for GrabExpress, GrabFood, GrabMart, and/or other on demand delivery services which may be available from time to time, you acknowledge and agree that you are a partner of SPI in providing such delivery services to Consumers of SPI, and will receive Delivery Base Earnings offered by SPI, if you agree to accept such offer via Application;

(iii) other costs incurred based on the future development of Grab’s services and/or as specifically stipulated in the Additional Terms in Part B below.

7.1.2. If you are a Merchant Partner, you agree that Grab will charge a Partner Service Fee for the use of the Application Service, in accordance with the provisions as stipulated under your commercial partnership agreement with Grab and/or its Affiliates. Grab may change the Partner Service Fee at any time at its sole discretion;

7.13 The Partner Service Fees are payable by you immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application or the Platform, our decision to terminate or suspend your access to the Application or the Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

YOU ACKNOWLEDGE AND CONFIRM THAT GRAB MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF CONSUMER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.

7.1.4. Grab and/or PT Visionet Internasional has the right to remove your OVO Balance where the Company and/or PT Visionet Internasional reasonably believes that the purchase or addition of the OVO Balance is suspected of fraud, invalid or involves criminal acts or where the Company and/or PT Visionet Internasional reasonably believes that you are violating this Terms of Services and/or the Grab Policies and/or the terms and conditions of OVO available in https://www.ovo.id/syarat-ketentuan (for OVO consumers) and https://www.ovo.id/merchanttermscondition (for OVO merchant).

7.1.5. Grab may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Consumers whereby these promotional offers shall accordingly be honored by you.

Driver’s Wallet

7.1.6. If you are a Transport Driver and/or Delivery Driver, (where applicable) Grab and SPI may administer payments to you and from you by way of an e-wallet system (the “Driver’s Wallet“).

7.1.7. Driver’s Wallet comprises of:

(i) Cash Wallet: an electronic wallet which records payments from you or for you (in relation with the completion of the Solution by you and/or other services that you have provided to the Consumers via the Application and/or the Platform). You may withdraw the balance recorded in the Cash Wallet to be transferred to your designated recipient bank account, or other designated recipient (e.g. an e-money account of the e-money provider which cooperates with Grab) via the Cash Wallet. Grab reserves the right to deduct the Cash Wallet’s balance as stipulated in this Terms of Services, or under your consent and authorization, or under any notification made to you via the Application; and

(ii) Credit Wallet:

• Credit Wallet is an electronic wallet to record purchases of credit balances that you make as set out below for the purpose of Payment to Partner and/or other fees by Grab as Grab notifies you from time to time and/or the party you agree to make the deduction the balance of the Credit Wallet;

• The credits in Credit Wallet are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The credits in the Credit Wallet shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Grab may appoint its Affiliate or a third party to provide services to operate the Driver’s Wallet.

7.1.8. You may check your Driver’s Wallet balance in the Application. The Driver’s Wallet balance set out in the Application shall serve as conclusive evidence of your Driver’s Wallet balance.

7.1.9. You authorize Grab to deduct Credits from your Driver’s Wallet for any purchases you make through the Application or Platform.

7.1.10. Notwithstanding the above, You hereby grant Grab power of attorney and authorization to manage your Driver’s Wallet.

7.1.11. In the event You are indicated to conduct actions that are in violation of the Terms of Services and/or provisions of the prevailing laws then Grab has the right to perform actions that are deemed necessary by Grab in relation to such violation. For the avoidance of doubt, the actions that Grab may perform if deemed necessary are including but not limited to: (1) blocking of the Cash Wallet and/or Credit Wallet and (2) withdrawal or deduction of funds from the Cash Wallet and/or Credit Wallet in the event of fraud indication.

7.1.12. You hereby agree that Grab has the power of attorney and full right to perform the necessary actions in relation to the provision of article 7.1.11. above.

Payment by Consumers

7.1.13. Consumers may pay for your provision of the Solution immediately upon completion of or confirmation of a booking for a Solution, as the case may be, by cash or cashless method(s) such as by credit or debit card (“Card”) or e-money provider (such as, OVO) or other payment method available in the Application. All payments due to you for your services, including tips (where applicable), will be channeled to you in the agreed quantum in due course.

7.1.14. Specifically for the Grab services using the Hosted Payment Page (HPP) Platform (i.e., an integrated e-commerce payment checkout service hosted by GRABLINK PTE. LTD. in cooperation with local licensed payment gateway and/or acquirer in Indonesia) shall refer to the terms and conditions of PaySuite Terms of Service. Specifically for GrabGifts, if you are purchasing for an overseas user, the GrabGifts purchase amount will be in the recipient’s local currency and the exchange rate will be determined by your card issuing company.

7.1.15. Grab retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the Consumer breached any of the terms in this Terms of Services and/or the Grab Policies. In such an event, you shall not hold Grab liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment to you.

7.2. For Consumers:

7.2.1 Once you have completed your booking of the Solutions, you are required to make payment in full to the Partner by selecting one of the payment methods available to you on the Application. Any payment pursuant to such selection will be automatic and is non-refundable.

7.2.2. If you choose to make payment by Card, you will need to register a valid Card which belongs to you or belongs to anyone else who already gave you authorization to use the Card for ordering Solutions in the Application, in accordance with the instructions in the Application.

7.2.3. You agree that Grab may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.

7.2.4. You agree that Grab and PT Visionet Internasional may issue a reasonable authorization to “hold”, which is not an actual charge against your Card or OVO Balance (as defined below) or your other preferred payment method, in order to verify your payment. The hold may appear in your statement as “pending”. The authorized hold amount will be based on the upper bound fare shown at the time of your booking and may include up to the maximum extra charges (for example, tolls or booking fees, where applicable) permissible on the Application. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your payment method.

7.2.5. In the event your payment is processed overseas, you will be liable for any additional charges in relation thereto.

7.2.6. If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the Consumer Charges after the Solution has been provided and given to the Partner unless you choose to change the amount or remove the tip.

7.2.7. Grab may suspend the processing of any transaction or disable or limit the use of certain payment method in the event of any error in transaction which results in decline or chargeback from the financial institution or where Grab reasonably believes that the relevant payment method has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where Grab reasonably believes you to be in breach of this Terms of Services and/or Grab Policies.

7.2.8. You agree that you will cooperate in relation to any financial crime screening that is required and to assist Grab in complying with any prevailing laws or regulations in place.

7.2.9. You shall be responsible to resolve any disputes with the relevant company managing your payment method, on your own.

OVO Balance

7.2.10. You can top up the balance in your OVO account (“OVO Balance”) which can be used to pay for Solutions. The nominal OVO balance that can be saved by your account without being a registered user of OVO is in the amount of Rp. 2,000,000 (two million Rupiah), while if you have become a registered user of OVO (in accordance with the applicable laws and regulations), you will have a maximum OVO Balance of Rp. 20,000,000 (twenty million Rupiah), subject to any changes in the limitation as provided under the prevailing laws. The maximum limit of the amount that can be saved/received by your account within a month from transfer-in transactions, such as, bank transfers, users to users transfers, top up, is Rp. 20,000,000 (twenty million Rupiah) for unregistered accounts or Rp. 40,000,000 (forty million Rupiah) for registered accounts.

7.2.11. The OVO Balance Service is operated by PT Visionet Internasional, which has obtained permission from Bank Indonesia as the payment service provider who issues server-based electronic money, and therefore by using OVO services you agree to be subject to the terms and conditions for the use of electronic money services by OVO (https: //www.ovo.id/tnc).

7.2.12. You have the right to top up the OVO Balance through any available method. Selecting the payment method means that you agree to the terms of service of the payment processing partner of the Company and your appointed financial institution (if any) for the payment method you have chosen.

7.2.13. When you select OVO as your payment method, You must ensure that you have enough OVO Balance to pay for Solutions. If you do not have enough balance, you can top up your OVO Balance so that you can complete the payment for Solutions.

7.2.14. You can check your OVO Balance from certain authorized applications. You agree that the balance of OVO displayed in the Application and/or the OVO application is the conclusive evidence of your OVO Balance.

7.2.15. Grab and/or PT Visionet Internasional has the right to remove your OVO Balance where the Grab and/or PT Visionet Internasional reasonably believes that the purchase or addition of the OVO Balance is suspected of fraud, invalid or involves criminal acts or where Grab and/or PT Visionet Internasional reasonably believes that you are violating the terms and conditions for the use of electronic money services by OVO (https://www.ovo.id/tnc).

Foreign Service Fee

7.2.16. When using our Service using  debit or credit cards issued outside of Indonesia, you may incur a Foreign Service Fee as defined in Clause 3.3.4. This fee is imposed to cover the additional costs associated with the connectivity and platform that we need to maintain the payment conducted using such cards. The Foreign Service Fee will be disclosed to you prior to the completion of your transaction.

7.2.17. Please note that the Foreign Service Fee will only be charged when you use debit or credit cards issued outside of Indonesia. 

7.2.18. We reserve the right to adjust the Foreign Service Fee without prior notice. If necessary, any changes will be communicated to you whenever feasible.

8. Cancellation

8.1 For Partners:

8.1.1 The Consumers rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Consumers’ bookings will impair the Consumers’ experience and negatively impact the reputation and branding of Grab.

8.1.2. If you are a Transport Driver and/or Delivery Driver, while you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Grab reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted. You may be charged a Cancellation Fee or other Cancellation Fee as Grab may notify from time to time.

8.2 For Consumers:

8.2.1 You may cancel your request for a Solution at any time before you commence and/or receive your Solution with the Partner that has been matched with you by the Service.

8.2.2. If you decide to cancel your booking for a Solution or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as Grab may notify from time to time via the Cancellation Policy.

8.2.3. If you feel you were incorrectly charged a Cancellation Fee, you may contact Grab via Help Centre for assistance. Grab reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or the OVO Balances or such other method as is deemed reasonable by Grab, for cash payments.

9.Loyalty Programme

9.1. If you are Consumers using the Application, you will be a member of the loyalty programme named “GrabRewards Loyalty Programme” (“Loyalty Programme”) operated by Grab and/or its Affiliates.

9.2. As a member of the Loyalty Programme, you will gain access to the benefits such as e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits as may be offered by Grab and/or third party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”).

9.3. Rewards can be obtained by you in each of your transactions in the Application in the form of OVO Points (“OVO Points“).

OVO Points

9.4. To receive OVO Points, you are required to have an OVO account.

9.5 You will receive OVO Points, if you meet the eligibility requirements to be awarded OVO Points as determined by OVO and/or OVO’s campaign partners from time to time for every relevant promotional or marketing campaign.. Further terms and conditions related to OVO Points, such as, awarding, redemption, and use of OVO Points, are subject to OVO App terms and conditions that can be accessed and read through the following link: https://ovo.id/syarat-ketentuan.

9.6. OVO Points will be implemented in the Loyalty Program since 1 October 2020. The validity of OVO Points, is subject to the terms and conditions set out by OVO. You hereby understand and acknowledge that any claim and issue with respect to OVO Points will be subject to the terms and conditions determined by OVO.

Prize Exchange

9.7. If you have the required number of OVO Points, you may select and redeem applicable Prizes of the Rewards via the Application. Your redemption of a Prize that is an e-voucher is subject to the additional terms and conditions of Grab or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.

9.8. You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against Grab for any expired e-vouchers.

9.9. OVO Points that you have successfully redeemed for a Prize cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained. They cannot be resold, exchanged or transferred for value under any circumstances. Prizes shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

9.10. Grab may at its sole and absolute discretion reject your request to redeem OVO Points for any reason whatsoever, including without limitation, where there are insufficient OVO Points to redeem for the particular Prize, or where the Prize is no longer made available or out-of-stock by the third party merchant, or where the OVO Points you wish to use for redemption of Rewards have been issued to you in error etc.

9.11. You may check your OVO Points balance and the redemption history made in the Application or OVO application. Your OVO Points balance and redemptions shall serve as a conclusive evidence of the same.

9.12. The number of OVO Points required to upgrade or renew the tiered membership will be informed to You, from time to time.

9.13. Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient OVO Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.

Cessation of Membership

9.14. If you do not wish to be a member of the Loyalty Programme, you may do so by opting out through the Application.

9.15. You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone.

General

9.16. To the extent as permitted by applicable laws, Grab reserves the right at any time to:

9.16.1 vary, modify or amend the terms and conditions of the Loyalty Programme (including adding or deleting any terms);

9.16.2. terminate or modify the Loyalty Programme;

9.16.3. revoke, adjust and/or recalculate any OVO Points awarded;

9.16.4. change the number of OVO Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;

9.16.5. change the number of OVO Points that can be earned on spendings on qualifying transactions to obtain Solutions based on the GrabUnlimited subscription membership status;

9.16.6. modify the qualifications and eligibility for earning OVO Points;

9.16.7. modify the activities that earn OVO Points;

9.16.8. modify the methods used to calculate the number of OVO Points to be awarded;

9.16.9. withhold or cease the awarding of OVO Points to you;

9.16.10. modify the qualifying OVO Points or other criteria for membership tier upgrades and renewals; and

9.16.11. change or withdraw any benefits related to a particular membership tier without prior notice to you and at its sole discretion.

9.17. Grab may suspend the calculation and accrual of OVO Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.

9.18. You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of OVO Points to you, your redemption of OVO Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.

9.19. From time to time, Grab may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms or other participating Merchants, based on information shown in the Vouchers. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. Grab reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. Grab reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of these Terms of Service and Grab Policies.

9.20. Grab may at its sole and absolute discretion and without prior notice to you, reject your request to redeem OVO Points for any reason whatsoever, including without limitation, where:

1. there are insufficient OVO Points to redeem for the particular Reward;
2. the OVO Points is no longer made available or out-of-stock by the third party merchant;
3. the OVO Points you wish to use for redemption of Rewards have been issued to you in error; or
4. Grab reasonably believes that that redemption transaction may be suspicious, illegal, involves any criminal activity or involves any points that have been obtained through dishonest or fraudulent means or abusive behaviour.

10. Ratings

10.1 Consumers and Partners may be allowed to rate each other in respect of Solutions provided.

10.2. Every rating will be automatically logged onto Grab’s system and Grab may analyse all ratings received. Grab may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

11.Complaints

11.1. Any complaints between Partner and Consumers must be taken up with each other directly.

12. Repair and Cleaning Fees for Consumers

12.1 Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Partner’s Vehicle as a result of your misuse of the Service or breach of the Terms of Service herein and the Grab Policies. Grab may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Partner via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Partner has been verified by Grab.

13. Intellectual Property Ownership

13.1 Grab and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or Platform, or any intellectual property rights owned by Grab and/or its licensors. Grab’s name, Grab’s logo, the Service, the Platform and any third parties logos and the product names associated with the Platform are trademarks of Grab or the respective third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the “Platform” herein shall include its respective components, processes and design in its entirety.

13.2 You may be able to submit your content or make your content publicly available via or otherwise in relation to certain feature(s) of the Platform. Save where otherwise specified in the Agreement, Grab does not claim ownership of the content that you provide us with. Where you upload or provide us with any content that is covered by intellectual property rights, you (a) irrevocably grant Grab a royalty-free, worldwide, perpetual, non-exclusive, unrestricted right and license to host, store, use, reproduce, modify, edit, adapt, translate, create derivative works of, publish, publicly perform or display,  distribute, sublicense, or otherwise provide to others, your content (including without limitation name and/or likeness) in any and all media, formats, and channels (now in existence or hereinafter developed) for any purpose; and (b) undertake that you have the right to grant us such licence and shall remain responsible for the content you provided as well as shall ensure compliance with Grab Policies. For the avoidance of doubt, you also grant to Grab the right (though you acknowledge and agree that Grab shall not be so obliged) to use your name and/or likeness in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.

14.Taxes

14.1 You agree that this Terms of Service and the Grab Policies are subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Grab to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

14.2. If you are a Partner, you are accountable to pay for any tax and statutory contributions due in respect of sums payable to you in connection with your earnings or income as a result of provisions of Solutions or your use of Services and to make necessary filing to tax authority, if applicable

15. Confidentiality

15.1 You shall maintain in confidence all information and data relating to Grab, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Grab (whether orally or in writing and whether before, on or after your use of the Services) or which are otherwise directly or indirectly acquired by you from Grab, or its Affiliates, or created during your use of the Services. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Grab’s prior written consent, disclose such information to any third party nor use it for any other purpose.

15.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

15.2.1 was at the time of receipt already in your possession;

15.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;

15.2.3. was received from a third party having the right to disclose it; or

15.2.4. is required to be disclosed by law.

16. Data Privacy and Personal Data Protection Policy

16.1. Grab collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of Grab’s Services.

16.2. You agree and consent to Grab using and processing your Personal Data in the manner set out in our Privacy Policy.

16.3. You acknowledge that Grab may disclose Personal Data of other individuals to you in the course of your use of Grab’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Grab, and not for any other unauthorised purposes.

17. Third Party Interactions

17.1 During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or services through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and Grab and its licensors shall have no liability or obligation for any such communication or agreement. Neither Grab nor any of its Affiliates endorses any applications or sites on the internet that are linked through the Platform or Application, and in no event shall Grab, its licensors or its Affiliates be responsible for any content, products, services or other materials on or available from such sites or Partners. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of service or privacy policies prior to your use of or access to such goods or services, and Grab is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the Partners. You acknowledge that such additional or different terms of service and privacy policies may apply to your use of such third party services.

17.2. Where you choose to access, register for, or use third party products or services through the Platform or Application, Grab may need to share certain information and/or personal data with the third-party service provider, solely to facilitate your access and use of the service. Grab is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information. Subject to your consent when you activate, link, register and/or use the third party products or services through Platform/Application,  Grab can disclose and share your data collected by Grab with the relevant Grab Group entities and partners, solely to the extent necessary to facilitate your access to and use of such third-party services, and subject to applicable data protection laws. 

17.3. Grab may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidise the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings You agree and allow Grab to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis.

17.4. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.

17.5. We may include hyperlinks to other websites or content on the Internet that are owned or operated by; or otherwise make available content or material relating to or provided by; third parties who do not have any relationship with us (collectively, “Third Party Content”). Such Third Party Content is usually not under our control. We are not responsible or liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable Third Party Content, or the consequences of your use of any Third Party Content. The availability of Third Party Content on the Platform is neither an endorsement or verification of the Third Party Content and the related third party(ies) by us; nor does it indicate that we have any relationship with the related third party(ies) be it affiliation, partnership, collaboration, endorsement or sponsorship. You agree that your access to or use of any Third Party Content is entirely at your own risk. Please approach our Help Centre should you have any questions or concerns about any of the Third Party Content.

17.6. Save for factual, honest and not misleading references linked through the common text of http://www.grab.com or other URL specifically provided by Grab to you, you are strictly prohibited from connecting any link to the Platform or any part of the Platform without Grab’s prior consent. Notwithstanding other terms, any web, software, Platform or other devices linked to the Platform or any part of the Platform is prohibited to (a) replicate any Platform Content, (b) use browser or border environment surrounding the Platform Content, (c) implying in any way that Grab supports its products or services, (d) misrepresenting any facts, including its connection with Grab, (e) presenting any false information on Grab’s products or services, and (f) use Grab’s logo and trademark without Grab’s prior written consent.

18. Indemnification

18.1 By agreeing to the Terms of Service upon using the Service, you agree that you shall indemnify and hold Grab, its licensors and its 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 and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Partner or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service and/or Grab Policies, any third party terms and conditions, or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Partner or Consumers arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Solutions to Consumers via the Service where applicable.

19. Disclaimer of Warranties

19.1. Grab makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. Grab does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information or other materials purchased or obtained by you through the Application will meet your requirements or expectations. The Service is provided to you strictly on an “as is” basis. Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.

19.2. Grab makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Partner or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Partner and shall have no recourse to Grab in respect of the same.

20. Internet Delays

THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. GRAB IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS. YOU ARE SOLELY RESPONSIBLE TO INDEPENDENTLY PROCURE AND PAY FOR THE INTERNET CONNECTION REQUIRED TO USE THE SERVICE, SOLUTIONS, PLATFORM AND ANY ASSOCIATED CHARGES (SUCH AS MOBILE DATA EXPENSES) INCURRED BY YOUR USE OF THE SAME. 

21. GrabLite

21.1 Notwithstanding any other terms in the Terms of Services, and in our effort to ensure a seamless ride experience for you in the event of the Application becoming unavailable, Grab has introduced ‘GrabLite’. GrabLite is a basic version of the Application which allows you to continue to make bookings during a downtime of the Application. In the event of a downtime, the Application will automatically switch to the GrabLite version without any action on your part. Being a basic version, GrabLite will have some differences in its features and application compared to the Application. The following are the differences that you should be aware of:

21.1.1 Only GrabCar and GrabBike. Under GrabLite, only GrabCar and GrabBike Solutions will be available for booking.

21.1.2. Fixed Fares. A ride booked via GrabLite shall have fixed fare only irrespective of the type of transport / vehicles. The fixed fare will be shown on the GrabLite Application after you have keyed in your location and destination.

21.1.3. Cash Payment Only. As a stripped-down version of the Application, rides made via GrabLite shall be paid by cash only. GrabLite is unable to accept payments by OVO Balances and credit cards. By continuing with the booking, you hereby acknowledge and agree that you accept the fixed fare.

21.1.4. Manual Key-In. You are required to manually key-in your pick-up location and destination.

21.1.5. Number Masking. Under GrabLite, there will be no number masking. This means that your number will be available to the Service Providers. By continuing to confirm the booking, you hereby acknowledge that you understand and agree to this condition.

21.1.6. No GrabRewards Points. Any ride booked via GrabLite will not be entitled to any GrabRewards Points.

21.1.7. No Chat Function. The chat function in GrabLite will be disabled. Therefore, the only means of communication with the Service Providers will need to be conducted via calls.

21.1.8. Other Stripped Down Functionalities. As a stripped-down version of the Application, GrabLite will not show the estimated time of arrival of your booking. Any promos that are running when GrabLite is activated will not be eligible to be used and you will not be able to tag your ride as ‘Business ride’.

22. Limitation of Liability

22.1 UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST GRAB BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. GRAB AND/OR ITS LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR). GRAB AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE, INCLUDING BUT NOT LIMITED TO:

22.1.1 LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

22.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

22.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR

22.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY PARTNER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, EVEN IF GRAB AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22.2. GRAB DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY PARTNERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE GRAB FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE PARTNERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.

22.3. GRAB WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND PARTNERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE GRAB FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.

22.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PARTNER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY ORDERING THE RELEVANT TRANSPORTATION SOLUTIONS, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

23. Notice

23.1 Grab may give notice through the Application, electronic mail to your email address in the records of Grab, or by written communication sent by registered mail or pre-paid post to your address in the record of Grab. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Grab (such notice shall be deemed given when received by Grab) by letter sent by courier or registered mail to Grab using the contact details as provided in the Application.

24. Dispute Resolution

24.1 This Terms of Service shall be governed by Indonesian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Service or the Service shall be referred to the Indonesian National Arbitration Board (“BANI”), in accordance with the BANI Regulations as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Grab (the “Arbitrator”). If you and Grab are unable to agree on an arbitrator, the Arbitrator shall be appointed by the chairman of BANI in accordance with the Rules. The seat and venue of the arbitration shall be Jakarta, in the Indonesian language and the fees of the Arbitrator shall be borne equally by you and Grab, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

24.2. Each party hereby agrees that in connection with Article 60 of Law No. 30 of 1999 (“Arbitration Law”), the arbitral award is final and binding on the parties and based on that, the parties do not have the right to appeal the arbitral award. The parties hereby also expressly exclude the provisions of Articles 48.1 and 73 (b) of the Arbitration Law so that the mandate to the Arbitrator as stipulated through these Terms of Service remains valid until the final decision of the arbitration has been determined by the Arbitrator.

25. Relationship

25.1. Nothing contained in these Terms of Service or Grab Policies shall be construed as creating any association, or other form of joint enterprise with Grab.

25.2. If you are Partner, your relationship with Grab is a partnership to provide Solutions for Consumer through Application, Platform, and/or Software;

25.3. You acknowledge and agree that this Terms of Services and the Grab Policies do not constitute an employment agreement (under labor law, tax law and/or social security perspectives). Therefore, you understand that your use (or continued use) of the Services in accordance with this Terms of Services and the Grab Policies shall not, in any means, be interpreted as an industrial relation between you and Grab.

26. Severability

26.1 If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

27. No Waiver

27.1 The failure of Grab to enforce any right or provision in the Terms of Service and the Grab Policies shall not constitute a waiver of such right or provision.

28. Entire Agreement

28.1. This Terms of Services, the Grab Policies and other documents or policies binding to you as referred to in this Terms of Services comprises the entire agreement between you and Grab and supersedes any prior or contemporaneous negotiations or discussions.

29. Suspension and Termination; Modification of Platform Content

29.1. You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. In case of the aforementioned termination, You and Grab expressly waive the provisions of Article 1266 of the Indonesian Civil Code (Burgerlijk Wetboek) as far as necessary to effectuate the aforementioned termination without prior court decision.

29.2 Notwithstanding other terms, we may change, modify or remove any Platform Content without any notification (including but not limited to information in connection with product or services availability, product or services description, price, promotion, offering, product delivery price, and transit time). If Platform Content contains any typographical error, inaccuracy or violates Grab’s Terms, we have the right to (including but not limited to, so long as permitted by the applicable laws and regulations) carry out any actions deemed accurate by Grab (collectively, “Remedial Actions”) including but not limited to (i) remedy any mistakes, inaccuracies or such negligence, (ii) change or update the information, and/or (iii) if applicable, cancel any affected order without prior notification (including but not limited to when the order is delivered).

30. Language

30.1. This Terms of Services is made in Bahasa Indonesia and English language. In the event of any differences between both versions, the provision in Bahasa Indonesia shall prevail.

31. GrabCar – Fixed Pickup Time Booking

These additional terms and conditions are applicable to the use of GrabCar Solutions in the Grab App. By booking a Fixed Pickup Time Booking ride, you as the Consumer agree to be bound by these additional terms and conditions as specified under this Clause 31. 

31.1 Fixed Pickup Time Booking services

1. Fixed Pickup Time Booking is a feature that is provided within GrabCar Solutions which allow Consumers to book a GrabCar ride with a pre-allocated and committed pickup time.

2. Grab imposes a scheduling fee for Fixed Pickup Time Booking.The scheduling fee is dependent on various factors, and may change from time to time without prior notice. Grab is under no obligation to disclose how the scheduling fee is derived. The applicable total fare of the Fixed PickupTime Booking ride will be shown when the Consumer selects this type of booking. Please also note that the final fare payable by the Consumer is still subject to other applicable surcharges that may apply at the time of booking (e.g. tolls, waiting times, etc.).

3. Once the Fixed Pickup Time Booking is confirmed, there will be a pre-authorized charge on the Consumer’s default mode of payment (i.e., OVO, credit card, debit card). The funds will be on “hold”, and will only be deducted once the ride is completed. If the ride is canceled, you will be refunded, subject to applicable cancellation policies.

31.2 Cancellation Policy to Consumers

1. If at any time, the estimated time of arrival of the assigned Driver-partner is later than the Consumer’s scheduled pick-up time, the Consumer may cancel for free. 

2. A cancellation fee as listed in the table below will apply in the following circumstances:

   1. Once the Driver-partner is allocated; and

   2. The estimated time of arrival is ahead or by the scheduled pick-up time; and

   3. Consumer cancels the booking, whether the Driver-partner has or has not arrived; or the Consumer does not show up within five (5) minutes of the scheduled pick-up time. 

Table: Cancellation penalty 

3. By turning on the Ride Cover feature, the Consumer will receive a Grab compensation voucher if the Driver-Partner arrives more than five (5) minutes after the scheduled pick-up time. The Grab compensation voucher is subject to the applicable Ride Cover policies.

4. If no Driver-partner is assigned to the Fixed Pickup Time Booking, the Consumer will receive a compensation amount from Grab. Quantum of the compensation will be communicated from time to time under the applicable means of communication at Grab’s sole discretion. 

5. The Consumer is also subject to other applicable fees pursuant to the prevailing Cancellation policy as published in Grab’s website and notified to the Consumer from time to time

31.3 Cancellation Policy to the Driver-partners

1. Grab’s cancellation policy applies to the Driver-partners for Fixed Pickup Time Booking rides that they accept, either by the manual or auto acceptance feature, provided the cancellation is not due to Consumer’s fault as determined solely by Grab and as updated to the Driver-partners from time to time.

2. Driver-partners will be granted two (2) free cancellations, or as communicated by Grab. Grab reserves the right to determine and modify this policy at any time. 

3. Driver-partners shall receive a supporting payment if a Consumer cancels a Fixed Pickup Time Booking ride after the Driver-partner has accepted it, or after the scheduled pickup time while the Driver-Partner is en route. Grab reserves the right to modify or terminate this payment policy at any time at its discretion.

4. Driver-partners must also comply with other rules regarding cancellations of Fixed Pickup Time Bookings. Additionally, Grab reserves the right to take appropriate actions, in line with its current Driver-Partner Code of Conduct should these policies be violated. 

31.4 General Clause

In the event of a conflict between other provisions within these Terms of Service and this Clause 31, this Clause 31 will take precedence as it relates to the use of the Fixed Pickup Time Booking rides.

Section B – Additional Terms

1. GrabFood

1.1. For Consumers:

1.1.1.  The Application allows you to place orders for food and beverage from food and beverage providers (“GrabFood Merchant”), which at your option when placing such orders:

(i) will be delivered to you by SPI, whereas the  will be displayed via Application by the SPI, and if you have agreed, you are required to pay the delivery fee to SPI via Application; or

(ii) be made available for self-pick up from the respective GrabFood Merchants during the time period as specified in the Application or otherwise communicated by Grab.

Grab does not own, sell or resell any food and beverage items and does not control the GrabFood Merchants or any services provided by them. You understand that any order that you place shall be subject to the product availability and location serviceability of the GrabFood Merchants and/or SPI. You further acknowledge that  SPI reserves the right to batch several orders for trip efficiencies, where applicable.

1.1.2. All food order and delivery bookings placed on the Application (“Food Order”) are treated as confirmed, and therefore you shall:

(1) not be entitled to cancel a Food Order after it is confirmed. If you cancel a Food Order after it has been confirmed, you remain liable to pay the applicable fees for the Food Order in full, regardless of whether it has been prepared by the GrabFood Merchant. For the avoidance of doubt, where you have opted to self-pick up a Food Order, you will be deemed to have cancelled the Food Order by not collecting it within the time period specified in the Application or otherwise communicated by Grab. Neither Grab nor the Partner(s) shall be responsible to retain the Food Order for your collection after the said period has lapsed.

(2) view Third Party Content such as reviews or general information about restaurants or shops that have no relationship with Grab. Grab does not control any of these Partners, or Goods or services provided by them; Third Party Content or third parties related to the same per Clause 17 above. You understand that any order that you place shall be subject to the product availability and location serviceability on the part of the Partners.

1.1.3. Upon your successful placement of a Food Order, the GrabFood Merchants and/or SPI (via Delivery Driver and/or any of its delivery partner), may contact you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Grab is not involved in and will not be responsible for any separate arrangement between you and the GrabFood Merchant and/or SPI.

1.1.4. You remain liable to pay the order value in full where (i) cancellation is made by you after the GrabFood Merchant starts food/beverage preparation; or (ii) you are not present or do not show up at the designated delivery location to collect the takeaway ordered or you are unreachable physically or uncontactable after 10 minutes from the time that SPI (via Delivery Driver and/or any of its delivery partner)arrives at the designated delivery location.

1.1.5. Grab, the GrabFood Merchant and/or SPI may not process and deliver your Food Order in the event of any of the following:

(a) you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable,

(b) if the requested delivery location falls outside the delivery zone offered in the Application,

(c) there is a lack of information, direction or authorization from you at the time of delivery, or

(d) unavailability of items ordered.

1.1.6. The prices of food and beverage items reflected in the Application are determined solely by the GrabFood Merchant and are listed for information only.

1.1.7. Prices of food and beverage items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the GrabFood Merchant, be incorrectly reflected and in such an event the GrabFood Merchant may cancel your order(s).

1.1.8. If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the booking. All promotion codes and discounts are subject to its specific terms and conditions. The price payable for the discounted food or beverage item may be rounded and will be set out on the checkout page for your booking. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discounts in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. Pursuant to arrangement or agreement between you and the GrabFood Merchant and/or Deliver Service Provider pursuant to Clause 1.1.3. above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.

1.1.9. The GrabFood Merchant shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you.

1.1.10. You are responsible for ensuring that the details entered by you in respect of the Food Order on the Application are accurate and complete. Grab shall not be liable in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Application; and in the event of late collection of the takeaway you ordered or non-collection of the takeaway you ordered by reason of erroneous collection details entered by you on the Application.

1.1.11. After the delivery of the food and beverage items or collection of the takeaway you ordered, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.

1.1.12.  If applicable, persons placing an order for alcohol from any GrabFood Merchant must be at least twenty-one (21) years old. Alcoholic beverages can only be sold and delivered to persons who are at least twenty-one (21) years old as stipulated under the applicable laws and regulations. By placing an order that includes alcohol, you represent and warrant that you are at least twenty-one (21) years old. The relevant GrabFood Merchants and/or SPI (via Delivery Driver Partner and/or any of its delivery partner) will have the right to (i) request to be shown your ID (KTP) for age verification, and (ii) refuse to deliver or provide any alcoholic product to any person who at the time of delivery or collection of takeaway (A) does not appear to be at least twenty-one (21) years old or cannot prove that he/she is at least twenty-one (21) years old or (B) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or self-pick up. In such event you agree that Grab and the relevant GrabFood Merchants and/or SPI shall not be liable to make any refund for payment already made by you. If it turns out that you are under twenty-one (21) years old, you hereby undertake you shall be solely responsible to bear the legal consequences and release Grab, GrabFood Merchants and/or SPI, from all claims and other liabilities, arising from or in connection with the purchase or order of alcoholic product made via your account on the Application including without limitation any liability arising from your action which deceives Grab’s system or GrabFood Merchants and/or SPI (its Delivery Driver Partner and/or any of its delivery partner), in relation to the aforementioned minimum age limit.

1.1.13. If applicable, in the event that SPI organizes delivery promos available in the Grab Application (including but not limited to “Ekonomis” promos, namely an order delivery option that offers cheaper shipping costs with a waiting time that may be longer than regular/standard orders) and other promos, you acknowledge and understand that these promos are only available at certain times and circumstances as determined based on SPI’s discretion (taking into account factors such as but not limited to location, weather, time of order, choice of restaurant, distance from restaurant, type orders, and other factors).

1.1.14. You agree that when requesting to pick/deliver food and/or beverages from a merchant/restaurant through our Application, SPI will be responsible for and guarantee to undertake the delivery service (subject to the availability of service at your location).  If the delivery service fails or is cancelled for reasons that SPI determines are attributed to you (for example, you provided an incorrect delivery address) you will be charged no more than the full price for the delivery service. If the delivery service fails or is cancelled for any reason that SPI determines are not attributed to you, you may be entitled to a refund for any charges paid for such delivery service;

1.1.15. In the event any food and/or beverages of merchant/restaurant are spoiled, or which results in food poisoning to you, allergies or other effect that will harm you, Grab will not be responsible, and any risk occur when using the Service will be at your own sole risk;

1.1.16. You agree that Grab may disclose your personal data to SPI for the purpose of providing GrabFood Services and Solutions for you;

1.1.17. In the event of any discrepancy, error, or failure in the provision of the GrabFood Services and Solutions by the SPI, you may hold SPI liable for your losses, provided that you must be able to prove that the loss occurred due to the fault of SPI.

1.2. For GrabFood Merchants:

As a GrabFood Merchant, in addition to provisions applicable to Partner in general and other terms or contracts which you have entered into with Grab, you are subject to the additional terms below.

1.2.1. Creation and Monitoring of Self-funded Marketing Activities

Creation and monitoring of self-funded marketing activities is a self-serve service available in the Marketing Manager Services platform. In the event you choose to utilize such self-serve services, you shall comply and be subject to the terms stipulated under the Marketing Manager Service Terms.

1.2.2. Submission of Content or Information

We do not claim ownership of any content or information that you upload on the Platform or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such license.

We may enable you to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by Consumer(s) in order to facilitate the Solution including without limitation detail(s) of an order placed by a Consumer. You acknowledge that any such content or information may be made available in real time to end consumers via the Platform or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the Consumer(s) in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you (via the Platform or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by Consumer(s) such as an order placed by a Consumer, you further agree that by amending such content, (1) you have obtained the prior consent or acceptance from the affected Consumer; and (2) Grab is not involved in and will not be responsible for the amendments made by you, though Grab reserves the right to (but is not obliged to) carry out Rectification Measure(s) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.

1.2.3. Merchant Access to Grab Platforms

Where you are a Merchant, Grab may allow you to access, view, retrieve, disclose, manage and/or otherwise use (“Use”) information relating to the Service, Solutions and/or other confidential details of your business or relationship with Grab (“Business Information”) via a user account(s) on the Platform(s) (“Account(s)”) as well as to enable other person(s), be it a natural or legal person, authorized by you, your personnel via email correspondence or otherwise confirmed in accordance with the provisions of the separate agreement that you have entered into with Grab (“Merchant Authorized User(s)”), to Use the same via separate Account(s). In such an event, you agree that:

You shall ensure that yourself and each Merchant Authorized User accept and comply with any and all terms, guidelines and policies that are applicable to access or use of the Account(s) and the relevant Platform(s), which may be updated from time to time. This includes without limitation the provisions made available herein, which the Merchant Authorized Users shall comply with as if they are ‘you’.

You are solely responsible to ensure that each Merchant Authorized User has the necessary rights to Use the Business Information; and shall provide Grab with a written notice at least thirty (30) days prior to the termination or expiry of your relationship with the Merchant Authorized User(s); or where any Use by the Merchant Authorized User(s) shall be terminated or suspended for any reason(s). Without prejudice to any other provisions, you acknowledge that pursuant to operational or technical limitations, Grab and/or its affiliate(s) may not be able to terminate or suspend the Merchant Authorized User’s Use in time, in which case, you shall prohibit the Merchant Authorized User(s) from continuing to Use the Account, Business Information, Platform or any part thereof by other means; and Grab and its affiliate(s) shall never be held liable in any manner for the same.

All information that Grab and its affiliate(s) makes available, including without limitation the Business Information, are on an “as is” basis and Grab and its affiliate(s) do not give any warranties or representations (express or implied, and whether on their own behalf or that of their respective directors, officers, employees, agents or advisers) with regard to the accuracy, quality, timeliness, reliability or completeness of the same. You are responsible to make your own evaluation of the information.

You are solely responsible for each Merchant Authorized User’s Account(s) as well as their respective Use of the Business Information, Account(s) and the Platform(s); and Grab and its affiliates shall not be liable for any losses that you incur as a result of the same.

Grab reserves the right, but is not obliged, to require you to provide information on your relationship with each Merchant Authorized User; and to, at its sole absolute discretion, impose additional conditions for the Use or the Platform(s), such as a requirement that an additional fee be paid for the Use, Platform(s) or any part thereof; or terminate or suspend any Merchant Authorized User’s access to the Account(s) and/or Platform(s).

You acknowledge that Grab tracks all activities on the Platform (including without limitation the number of orders, transactions, searches using a particular keyword, and other activities that occur and recorded on the Platform), and you agree that Grab have the right to use the same for maintenance and improvement purposes as well as its business purposes in a manner that is compliant with the applicable laws.

1.2.4. Personal Data

Without prejudice to the foregoing, information which you have submitted to us for your registration as a user and/or merchant on our systems, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Application or in the course of carrying out Services on this Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our products and services in the Application including sharing information to Grab Affiliates and/or Partner  for the purpose of providing the Services on this Application. Your use of the account and the Application may be monitored by us or a third party service provider to provide you with information on your business and Account.

You further agree that any personal data you receive via the Application shall only be used for the direct and specific purpose for which you are provided the personal data; and shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a user via the Application for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

1.2.5. Guarantee and Liability

You guarantee that the product, food and/or beverages provided, prepared and sold to Consumers, are in good quality and safe for consumption. In the event of any food and/or beverages of GrabFood Merchant are spoiled, or which results in food poisoning, allergies or other effect that will harm Consumers, you will be personally responsible and/or legally liable for such incident, both material and immaterial, and release Grab from any claim related to such matter.

The GrabFood Merchant guarantees that the products, food and/or beverages offered are of high quality and their storage, production and preparation comply with all relevant restaurant and food safety regulations. If any violations are found by the relevant authorities, you must notify Grab immediately. You further acknowledge and agree that the SPI may batch several orders for trip efficiencies (where applicable).

The GrabFood Merchant also guarantees the licenses required by the prevailing laws are obtained and valid to run their business, including but not limited to business licenses, operational licenses, and/or other relevant licenses, and license to sell beverages/foods containing alcohol (should the GrabFood Merchant sell alcoholic products). Any risks resulting from failure to obtain the license solely falls to the GrabFood Merchant, and the GrabFood Merchant hereby holds Grab harmless from and against any claims, petitions or other lawsuits related to the failure of the GrabFood Merchant to comply with the relevant licenses.

1.2.6. Hyperlinks

You must obtain our prior written approval if you wish to link to or make use of any content on our Application. In this regard, you may send us a formal request by way of email for our consideration. For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Application for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Application (a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (b) in any website which prohibits such linking or will in any way prejudice or compromise our reputation or integrity. We reserve the right to withdraw linking permission without notice. The Application must also not be framed on any other site.

1.2.7. Content of the Application

Without prejudice to any other provisions in these Terms of Service, we may vary, modify or remove any content on the Application without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the rare event where any information on our Application contains any typographical errors, inaccuracies or omissions, we reserve the right to carry out measures such as (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) canceling orders if any information provided to or by you or user(s) (whether via this Application or other related website) at the time the order is placed or is amended inaccurate or if we otherwise are of the view that it is appropriate to cancel your order (“Rectification Measure”), at any time without prior notice (including without limitation after an order has been submitted). Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on our Application; or carry out any other Rectification Measure, except as required by law. For the avoidance of doubt, no specified update or refresh date as shown on the Application or on any related website, should be taken to indicate that all information on the Application or on any related website has been modified or updated; and we shall, in no event, be liable to you or any third party for any losses, damages or consequences arising from (i) any variation, modification or removal of the content on the Application; and (ii) any Rectification Measure taken.

1.2.8. Payment Method

Notwithstanding any provisions otherwise, in order to settle any amount payable by you to Grab or Grab Affiliates (“Amount Payable”), you authorize Grab and Grab Affiliates to directly deduct the Amount Payable from any amount receivable by you as a Partner (including without limitation your balance in the merchant wallet on the Application) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed Grab or Grab Affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set-off the Amount Payable against your Amount Receivable by providing reasonable advance notification to you; or opt to issue an invoice for the amount payable where we deem appropriate.

1.2.9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT PREJUDICE TO THE OTHER PROVISION OF THESE TERMS OF USE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LOWEST OF (i) ONE MILLION RUPIAH (RP.1,000,000), (ii) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (iii) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 12 MONTHS (IF ANY).

1.2.10. Termination

Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a merchant on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued to the other party or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement.

1.3. For Delivery Driver

In the event that you are willing to provide a GrabFood Solution, you hereby agree to the following terms:

1. You acknowledge and agree that you are a Partner  of SPI , for every order of GrabFood Solution made by SPI’s Consumer in the Application;
2. You agree to be offered a Delivery  Base Earnings by SPI , and it is your full right to accept or reject the offer that appears in the Application. If you accept orders that appears in the Application or accept the offer from SPI in any form, hence it would mean that you accepted such Delivery Base Earnings offer;
3. You understand and agree that the payment of the Delivery Base Earnings for the GrabFood Solution will be paid by SPI via Application upon completion of delivery through Application;
4. You will be cautious in delivering the goods/foods and use your best efforts to ensure that the goods/foods are delivered safely, in the right manner at the time you pick up and deliver the goods/foods;
5. You agree to be fully responsible for any loss or damage or omission of the goods as a result of the delivery service provided by you;
6. You will provide the best service in making deliveries and will maintain the reputation and trademark of SPI and/or Grab;
7. You understand and agree that your relationship with SPI is a partnership relationship to provide GrabFood Solutions to Consumers of SPI by utilizing the Application.
8. You understand and agree that this provision is not an employment agreement (either from the perspective of employment law, tax law and/or social security). You therefore understand that this provision cannot be interpreted as an employment relationship between you and SPI and/or Grab;
9. You understand and agree that SPI may adjust the Delivery Base Earnings from time to time.
10. You are free to choose and may at any time stop providing the GrabFood Solution by not accepting delivery service offers distributed to you by SPI through the Application.
11. In connection with the provisions stipulated in article 1.1.16. under these Terms of Service, in the event of a discrepancy, error, or failure while you providing delivery services and Solutions to SPI’s Consumer which is proven to cause harm to such Consumer, you are hereby willing to be responsible to SPI by granting rights to SPI through Grab, to make deductions on your Driver’s Wallet with the amount in accordance with the loss that has been replaced by SPI against the Consumer.

2. GrabMart and Grosir-Services

2.1. For GrabMart and/or Grosir-Services Consumers:

2.1.1. The Application allows you to place orders for retailer goods and/or wholesaler goods (including but not limited to groceries and/or daily utilities) made available for sale on the Application (“Goods”) from Merchants (“GrabMart Merchants” and/or “Grosir-Services Merchants”), in accordance with the options provided to you when making the order, which:

(i)  for GrabMart will be delivered to you by SPI, whereas the delivery fee will be displayed via Application by SPI, and if you have agreed, you are required to pay the delivery fee to SPI via Application;

(ii) for Grosir Services may be delivered you by Delivery Service Provider and/or Logistic Provider and/or SPI, whereas the delivery fee will be displayed via Application (or any other available Platform provided by Grab) by Delivery Service Provider and/or Logistic Provider and/or SPI, and if you have agreed, you are required to pay the delivery fee to such Delivery Service Provider and/or Logistic Provider and/or SPI via Application (or any other available Platform provided by Grab).

Grab does not own, sell or resell any Goods and does not control GrabMart Merchants and/or Wholesale Merchants and/or Delivery Service Provider and/or Logistic Provider or any services provided by them. You understand that any order you place must be subject to the product availability and location-serving capabilities of the GrabMart Merchant and/or Wholesale Merchant and/or Delivery Service Provider and/or Logistic Provider and/or SPI.

2.1.2 Grab may, from time to time, provide additional product information, including but not limited to nutritional information, ingredients, and allergen warnings (“Item Attributes“) sourced from third-party service providers. While Grab strives for accuracy, these Item Attributes are provided for informational purposes only. Grab does not warrant that such information is accurate, complete, or error-free. The relevant Merchant remains solely responsible for the actual composition and safety of the items sold. Users with specific health concerns or allergies should always verify information directly with the Merchant or check the physical packaging of the item upon delivery.

2.1.2. Definition and Interpretation

All terms and definitions defined above, still have the same meaning, unless specifically regulated in the provisions in the articles below:

2.1.2.1 “GrabMart Merchants” means Merchant(s) and/or Kudo Merchant (in the GrabMartDaily and/or GrabMartKilat feature) who run their business as retailers for GrabMart services.

2.1.2.2.  “Grosir-Services Merchant” means a Merchant conducting business as a wholesaler for Grosir Services.

2.1.3. To avoidance of doubt Grosir-Services arrangement is only applicable under the Grab Application specifically for GrabFood Merchants. For this Grosir-Services, there will be an alternative option other than Delivery Service Provider and/or SPI, to opt in using third party logistic service provider that has cooperate with Grab or Grab Affiliates (“Logistic Provider”) whose main role is to distribute products from Wholesale Services specifically to GrabFood Merchants through the Grab Application (or any other available Platform provided by Grab);

2.1.4. GrabMartDaily and/or GrabMartKilat Features:

2.1.4.1. The GrabMartDaily and/or GrabmartKilat feature is a service available within the GrabMart Service, which allows you to order and/or purchase Goods (including but not limited to household products or other daily necessities) which are sold directly by Kudo Merchant.

2.1.4.2. Order Goods in GrabMartDaily and/or GrabMartKilat

2.1.4.2.1. All orders made by you will be deemed to be an offer made by you to purchase the selected Good(s) and quantity specified in your order under the GrabMart Terms of Service.

2.1.4.2.2. All orders must be approved by the Kudo Merchant. Processing of payment for an order does not in itself constitute an order acceptance by the Kudo Merchant, provided that if an order for any Goods is rejected or canceled by the Kudo Merchant, the payment that has been made for the order(s) will be refunded or returned by Kudo Merchant in accordance with Grab’s current refund policy.

2.1.4.2.3. All orders made by you are subject to stock availability. Kudo Merchant reserves the right to cancel, modify or reject your order in whole or in part, at any time and without liability or compensation, where any Goods are out of stock or damaged, or unavailable for any other reason. Kudo Merchant reserves the right to limit your order or the number of certain items you order.

2.1.5. All Goods order and delivery bookings placed on the Application are treated as confirmed. You shall not be entitled to cancel your booking once you have received a confirmation. If you cancel your booking after it has been confirmed, you remain liable to pay the delivery fee and/or platform fee or any fee that apply therein in full regardless of whether the order has been prepared by the GrabMart Merchants and/or Grosir-Services Merchants.

2.1.6. Upon your successful completion of placement of a booking, the GrabMart Merchants and/or Grosir-Services Merchants and/or the Delivery Service Provider and/or SPI (or Delivery Driver Partner and/or any of its partner) and/or Logistic Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order including the address for delivery, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Grab is not involved in and will not be responsible for any separate arrangement between you and the GrabMart Merchants and/or Grosir-Services Merchants and/or the Delivery Service Provider and/or SPI (or Delivery Driver Partner and/or any of its partner) and/or Logistic Provider.

2.1.7. Grab, the GrabMart Merchants and/or Grosir-Services Merchants and/or the Delivery Service Provider and/or SPI (via Delivery Driver Partner and/or any of its partner) and/or Logistic Provider may not process your booking in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered.

2.1.8. The prices of Goods reflected in the Application are determined solely by the GrabMart Merchants and/or Grosir-Services Merchants and are listed for information only.

2.1.9. Prices of Goods as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the GrabMart Merchants and/or Grosir-Services Merchants, be incorrectly reflected and in such an event the GrabMart Merchants and/or Grosir-Services Merchants may cancel your order(s).

2.1.10. If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the booking. All promotion codes and discounts are subject to its specific terms and conditions. The price payable for the discounted item may be rounded and will be set out on the check out page for your booking. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. Pursuant to arrangement or agreement between you and the GrabMartMerchant and/or Grosir Service Merchant pursuant to Clause 1.1.3 above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.

2.1.11. The GrabMart Merchants and/or Grosir-Services Merchants shall be solely responsible for any warranty in relation to, and quality of, the Goods sold to you.

2.1.12. You are responsible for ensuring that the delivery details entered by you on the Application are accurate and complete. Grab shall not be liable in the event of late delivery or non-delivery of Goods that you order by reason of erroneous delivery details entered by you on the Application.

2.1.13. After the delivery of the Goods, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the Goods (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.

2.1.14. If applicable, persons placing an order for alcohol/cigarettes from any GrabMart Merchants and/or Grosir-Services Merchants must be at least twenty one (21) years old. Alcohol/cigarettes can only be sold and delivered to persons who are at least twenty-one (21) years old as stipulated under the applicable laws and regulations. By placing an order that includes alcohol/cigarettes, you represent and warrant that you are at least twenty (21) years old. The Grab, GrabMart Merchants and/or Grosir-Services Merchants and/or the Delivery Service Provider and/or SPI (or Delivery Driver Partner and/or any of its partner) and/or Logistic Provider will have the right to (i) request your ID (KTP) for age verification, (ii) refuse to deliver or provide any alcoholic/cigarettes product to any person who at the time of delivery or collection of takeaway does not appear to be at least twenty (21) years old or cannot prove that he/she is at least twenty (21) years old or (iii) Any person who is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that Grab and/or the Delivery Service Provider and/or SPI and/or the GrabMart Merchants and/or Grosir-Services Merchants shall not be liable to make any refund for payment already made by you. If it turns out that you are under twenty (21) years old, you hereby stating that the legal consequences will be at your own risk & responsibility, and release Grab and/or the Delivery Service Provider and/or SPI and/or the GrabMart Merchants and/or Grosir-Services Merchants, from all claims, and other liabilities, due for any action in trying to deceive Grab’s system or the Driver and/or the Delivery Service Provider and/or SPI or the GrabMart Merchants and/or Grosir-Services Merchants, in relation to the aforementioned minimum age limit.

2.1.15. You agree that when requesting to pick/deliver Goods from GrabMart Merchants and/or Grosir-Services Merchants through Application, SPI will be responsible for and guarantee to undertake the delivery service (subject to the availability of service at your location). If the delivery service fails or is cancelled for reasons that SPI determines are attributed to you (for example, you provided an incorrect delivery address) you will be charged no more than the full price for the delivery service.  If the delivery service fails or is cancelled for any reason that SPI determines are not attributed to you, you may be entitled to a refund for any charges paid for such delivery service;;

2.1.16. In the event any Goods of merchant are spoiled, broken, defected, or which results in disappointment or harm you (if eaten or utilized), Grab will not be responsible, and any risk occur when using the Service will be at your own sole risk.

2.1.17. You agree that Grab may disclose your personal data to SPI for the purpose of providing GrabMart Services and Solutions for you;

2.1.18. In the event of any discrepancy, error, or failure in the provision of GrabMart Services and Solutions by SPI, you may hold SPI liable for your losses, provided that you must be able to prove that the loss it occurs due to the SPI’s fault;

2.1.19. Rejection, Cancellation and Refund

2.1.19.1. In the event that the Goods that have been ordered and paid for are not available, the order for the Goods will be cancelled automatically through our Platform. We will make a refund in the form of OVO Cash in the amount according to the Goods that is not available within 1×24 hours after the transaction status changes to “Delivered”.

2.1.19.2. You can use the OVO Cash to make purchases back on our Platform. The value of OVO Cash will deduct the value of your shopping. If the value of your purchase is less than the value of OVO Cash, no refund will be given. Each OVO Cash is unique and its use cannot be combined.

2.1.20. Best Match

By selecting the “Best Match” option (“Best Match”), you agree and acknowledge that:

a. You agree and authorise the merchant-partner to choose a replacement item on your behalf (“Replacement Item”), when your originally selected item (“Original Item”) is unavailable. Upon selecting the Best Match option, you voluntarily and consciously release the responsibility of selecting the Replacement Item to the merchant-partner and accept the discretion of merchant-partner in providing a reasonable substitute.

b.The Replacement Item will be chosen at the merchant-partner’s absolute discretion. The merchant-partner is under no obligation and makes no representation or warranty that the replacement Item will satisfy any of your specific intended purpose nor cater to your dietary needs, requirements or preferences.

c. The cost of the Replacement Item may be higher or lesser than the cost of the Original Item. In the event Replacement Item is priced higher than the Original Item, you will be obligated to pay the Replacement Item price irrespective of your non selection.  The total maximum increase in the value of the order, will  be capped at 20%.

d. Grab and any of its directors, employees, agents or affiliates shall not be liable for any and all claims, losses, liabilities, expenses, damages, costs, or any similar charges or costs suffered or incurred by you or any third party with the use or consumption of the Replacement Item chosen by the merchant-partner including but not limited to any and all claims, losses, liabilities, expenses, damages, costs, or any similar charges or costs arising from personal/ bodily injury, foodborne illness, food poisoning, and death.

e. To the fullest extent permitted by the applicable laws, the total aggregate liability of Grab and any of its directors, employees, agents or affiliates howsoever arising from or in connection with the Best Match shall not exceed Rp300.000,00.

f. If you find the quality, suitability, or condition of the Replacement Item unsatisfactory and seek a refund, Grab will process your request in accordance with Grab’s refund policies.

g. Grab’s Terms of Service and Grab’s Privacy Notice applies to these Best Match’s terms of service.

2.2. For Delivery Driver and/or the Delivery Service Provider and Logistic Providers:

2.2.1. You agree that in the event of failed delivery (wherein either the address provided by customer is incorrect or the customer is unable and/or refuse and/or uncontactable to accept the Goods) and returned Goods, you are responsible to deliver/return the Goods back to the GrabMart Merchants and/or Grosir-Services Merchants (or store) to which the Goods was handed over to you or to leave the Goods at the premises of the Consumer, subject to confirmation and direction from representative of Customer Experience.

2.2.2. You undertake to be cautious in dealing with the Goods and to use best endeavour to ensure that the Goods are delivered safely, in the exact manner to which it was handed over to you by the GrabMart Merchants and/or Grosir-Services Merchants.

2.2.3. You agree that you will cooperate in relation to any criminal investigation that is required and to assist Grab in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.

2.2.4. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, any Consumer, Grab or any third party as a result of any breach of these Terms of Service.

2.2.5. Specifically for Logistic Provider for Grosir-Services, you agree and acknowledge that Grab only provide the platform services, and will not be responsible with any delivery process and risk that you provided to End-User and/or Grosir-Services Merchant. Any claim or complaint or other obligation with respect to your delivery services for End-User and/or Grosir-Services Merchant will solely be your own responsibility.

2.2.6 Specifically for Delivery Driver Partner for delivery services of GrabMart Solution, you hereby agree to the following terms:

1. You acknowledge and agree that you are a Partner of SPI, for every order of GrabMart Solution made by the SPI’s Consumer in the Application;
2. You agree to be offered with Delivery Base Earnings by SPI via Application, and it is your full right to accept or reject the offer that appears in the Application. If you accept orders that appear in the Application or accept the offer from SPI in any form, hence it would mean that you accepted such Delivery Base Earnings.
3. You understand and agree that the payment of the Delivery Base Earnings  for the GrabMart Solution will be paid by SPI via Application upon completion of delivery;
4. You will be cautious in delivering the goods/foods and use your best efforts to ensure that the goods/foods are delivered safely, in the right manner at the time you pick up and deliver the goods/foods;
5. You agree to be fully responsible for any loss or damage or omission of the goods as a result of the delivery service provided by you;
6. You will provide the best service in making deliveries and will maintain the reputation and trademark of SPI and/or Grab;
7. You understand and agree that your relationship with SPI is a partnership relationship to provide GrabFood Solutions to Consumers by utilizing the Application.
8. You understand and agree that this provision is not an employment agreement (either from the perspective of employment law, tax law and/or social security). You therefore understand that this provision cannot be interpreted as an employment relationship between you and the SPI and/or Grab;
9. You understand and agree that the SPI may adjust the Delivery Base Earnings from time to time.
10. You are free to choose and may at any time stop providing the Solution by not accepting delivery service offers distributed to you by SPI through the Application.
11. In connection with the provisions stipulated in article 2.1.18. under these Terms of Service, in the event of a discrepancy, error, or failure while you delivering Goods  for GrabMart Services and Solutions to SPI Consumer which is proven to cause harm to such Consumer, you are hereby willing to be responsible to SPI by granting rights to SPI through Grab to make deductions on your Driver’s Wallet with the amount in accordance with the loss that has been replaced by the SPI against such Consumer.

2.3. For GrabMart Merchants and Grosir-Services Merchants:

This section applies to your use of the GrabMart Merchants and/or Grosir-Services Merchants Application (if applicable), and the terms in this Agreement are in addition to any other written agreement(s) entered into between you and Grab.

2.3.1. Creation and Monitoring of Self-funded Campaign or Promotion

You may be able to create a campaign, participate in promotion or place an order for advertisement(s) on the Platform PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and/or advertisement (“Marketing Activity(ies)”). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from the Application may be varied from time to time at Grab’s sole discretion, and where provided, suggested or offered, you agree and acknowledge that they are made available on an ‘as-is’ basis.

By creating or participating in any Marketing Activities, you accept the following additional general conditions:

(a) Any information submitted through your account to us (whether via our Application or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.

(b) Any information you input into the Platform where required or otherwise provided to us must be complete, truthful, accurate and not misleading.

(c) Your intention to create or otherwise indicate consent to participate in a Marketing Activity must be genuine and must not be conducted in a manner which may be misleading to the Consumers. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.

(d) Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand  how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.

(e) You shall be responsible to directly handle any complaints or enquiries from Consumers in respect of the Marketing Activity.

(f) In the event where you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Marketing Activity and remain responsible to handle any enquiries or complaints from Consumers in respect of or in connection with the Marketing Activity.

(g) Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Marketing Activity is, and will be conducted, in accordance with the applicable law.

(h) While we do not supervise or monitor the Marketing Activity, we reserve the rights to (but are not obliged to) cancel, take down, suspend or otherwise vary the Marketing Activity as we deem fit, without being liable for any damage or loss whatsoever, including any refund of the fee or cost which you have paid for the purposes of the Marketing Activity.

(i) We may make available to you information relating to the Marketing Activity, and such information is considered as part of the Platform Content and is subject to Clause 2.3.7. below of this Section B.

(j) You agree to pay to Grab any and all costs and expenses in connection with the Marketing Activity. Notwithstanding any other provisions, you authorise Grab and its affiliates to directly deduct any amount payable by you to Grab or its affiliates, including without limitation the said costs and expenses in connection with the Marketing Activity (“Amount Payable”), from any amount receivable by you as a Partner (including without limitation your balance in the merchant wallet on the Platform) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed Grab or its affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set off the Amount Payable against your Amount Receivable by providing reasonable notification to you, or to issue an invoice for the Amount Payable where we deem appropriate.

(k) You must notify us immediately if your account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred due to the Marketing Activity created or launched using your account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your account.

(l) You agree that any amount payable to you by Consumers for each Good Order placed pursuant to the Marketing Activity may be rounded in accordance with our internal policies

2.3.2. Submission of Content or Information

We do not claim ownership of any content or information that you upload on the Platform or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such licence.

We may enable you to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by Consumer(s) in order to facilitate the Solution including without limitation detail(s) of an order placed by a Consumer. You acknowledge that any such content or information may be made available in real time to end consumers via the Platform or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the Consumer(s) in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you (via the Platform or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by Consumer(s) such as an order placed by a Consumer, you further agree that by amending such content, (1) you have obtained the prior consent or acceptance from the affected Consumer; and (2) Grab is not involved in and will not be responsible for the amendments made by you, though Grab reserves the right to (but is not obliged to) carry out Rectification Measure(s) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.

2.3.3. Merchant Access to Grab Platforms

Where you are a Merchant, Grab may allow you to access, view, retrieve, disclose, manage and/or otherwise use (“Use”) information relating to the Service, Solutions and/or other confidential details of your business or relationship with Grab (“Business Information”) via a user account(s) on the Platform(s) (“Account(s)”) as well as to enable other person(s), be it a natural or legal person, authorized by you, your personnel via email correspondence or otherwise confirmed in accordance with the provisions of the separate agreement that you have entered into with Grab (“Merchant Authorized User(s)”), to Use the same via separate Account(s). In such an event, you agree that:

You shall ensure that yourself and each Merchant Authorized User accept and comply with any and all terms, guidelines and policies that are applicable to access or use of the Account(s) and the relevant Platform(s), which may be updated from time to time. This includes without limitation the provisions made available herein, which the Merchant Authorized Users shall comply with as if they are ‘you’.

You are solely responsible to ensure that each Merchant Authorized User has the necessary rights to Use the Business Information; and shall provide Grab with a written notice at least thirty (30) days prior to the termination or expiry of your relationship with the Merchant Authorized User(s); or where any Use by the Merchant Authorized User(s) shall be terminated or suspended for any reason(s). Without prejudice to any other provisions, you acknowledge that pursuant to operational or technical limitations, Grab and/or its affiliate(s) may not be able to terminate or suspend the Merchant Authorized User’s Use in time, in which case, you shall prohibit the Merchant Authorized User(s) from continuing to Use the Account, Business Information, Platform or any part thereof by other means; and Grab and its affiliate(s) shall never be held liable in any manner for the same.

All information that Grab and its affiliate(s) makes available, including without limitation the Business Information, are on an “as is” basis and Grab and its affiliate(s) do not give any warranties or representations (express or implied, and whether on their own behalf or that of their respective directors, officers, employees, agents or advisers) with regard to the accuracy, quality, timeliness, reliability or completeness of the same. You are responsible to make your own evaluation of the information.

You are solely responsible for each Merchant Authorized User’s Account(s) as well as their respective Use of the Business Information, Account(s) and the Platform(s); and Grab and its affiliates shall not be liable for any losses that you incur as a result of the same.

Grab reserves the right, but is not obliged, to require you to provide information on your relationship with each Merchant Authorized User; and to, at its sole absolute discretion, impose additional conditions for the Use or the Platform(s), such as a requirement that an additional fee be paid for the Use, Platform(s) or any part thereof; or terminate or suspend any Merchant Authorized User’s access to the Account(s) and/or Platform(s).

2.3.4. Personal Data

Without prejudice to the foregoing, information which you have submitted to us for your registration as a user and/or merchant on our systems, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Application or in the course of carrying out Services on this Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our products and services in the Application including sharing information to the Driver and/or the Delivery Service Provider and/or SPI for the purpose of providing the Services on this Application. Your use of the account and the Application may be monitored by us or a third party service provider to provide you with information on your business and Account.

You further agree that any personal data you receive via the Application shall only be used for the direct and specific purpose for which you are provided the personal data; and shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a user via the Application for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

2.3.5. Guarantee and Liability

You guarantee that the Goods provided, sold to Consumers, are in good quality and safe for consumption/use. In the event of any Goods are spoiled, broken, defected, or which results in disappointment or that will harm Consumers (if consumed or utilized), you will be personally responsible and/or legally liable for such incident, both material and immaterial, and release Grab from any claim related to such matter.

The GrabMart Merchants and/or Grosir-Services Merchants guarantees that the Goods offered are in good and high quality for users, and has comply with all relevant regulations. If any violations are found by the relevant authorities, you must notify Grab immediately. You further acknowledge and agree that the Delivery Service Provider and/or SPI may batch several orders for trip efficiencies (where applicable).

The GrabMart Merchants and/or Grosir-Services Merchants also guarantee the licenses required by the prevailing laws is obtained and valid to run their business, including but not limited to business licenses, operational licenses, and/or other relevant licenses to sell Goods, and license to sell alcohol/cigarettes (should the GrabMart Merchants and/or Grosir-Services Merchants sells alcoholic/cigarettes products). Any risks resulting from failure to obtain the license solely falls to the GrabMart Merchants and/or Grosir-Services Merchants, and the GrabMart Merchants and/or Grosir-Services Merchants hereby holds Grab harmless from and against any claims, petitions or other lawsuits related to the failure of the GrabMart Merchants and/or Grosir-Services Merchants to comply with the relevant licenses.

2.3.6. Hyperlinks

You must obtain our prior written approval if you wish to link to or make use of any content on our Application. In this regard, you may send us a formal request by way of email for our consideration. For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Application for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Application (a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (b) in any website which prohibits such linking or will in any way prejudice or compromise our reputation or integrity. We reserve the right to withdraw linking permission without notice. The Application must also not be framed on any other site.

2.3.7. Content of the Application

Without prejudice to any other provisions in these Terms of Service, we may vary, modify or remove any content on the Application without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the rare event where any information on our Application contains any typographical errors, inaccuracies or omissions, we reserve the right to carry out measures such as (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) cancelling orders if any information provided to or by you or user(s) (whether via this Application or other related website) at the time of the order is placed or is amended is inaccurate or if we otherwise are of the view that it is appropriate to cancel your order (“Rectification Measure”), at any time without prior notice (including without limitation after an order has been submitted). Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on our Application; or carry out any other Rectification Measure, except as required by law. For the avoidance of doubt, no specified update or refresh date as shown on the Application or on any related website, should be taken to indicate that all information on the Application or on any related website has been modified or updated; and we shall, in no event, be liable to you or any third party for any losses, damages or consequences arising from (i) any variation, modification or removal of the content on the Application; and (ii) any Rectification Measure taken.

2.3.8. Payment Method

Notwithstanding any provisions otherwise, in order to settle any amount payable by you to Grab or Grab affiliates (“Amount Payable”), you authorize Grab and Grab Affiliates to directly deduct the Amount Payable from any amount receivable by you as a Partner (including without limitation your balance in the merchant wallet on the Application) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed Grab or Grab Affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set-off the Amount Payable against your Amount Receivable by providing reasonable advance notification to you; or opt to issue an invoice for the amount payable where we deem appropriate.

2.3.9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT PREJUDICE TO THE OTHER PROVISION OF THESE TERMS OF USE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LOWEST OF (i) ONE MILLION RUPIAH (RP.1,000,000), (ii) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (iii) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 12 MONTHS (IF ANY).

2.3.10. Termination

Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a merchant on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued to the other party or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement.

3. GrabFresh For Consumers

3.1. The Application allows you to order household products / groceries (“Products”) from third party sellers (“Seller”). Your orders are delivered to you by PartnerPartner. Grab does not control the seller or Partner. You understand that every order is subject to availability of the products and the shipping capabilities of the seller and/or Partner.

3.2. Each order is carried out according to the order confirmation. However, immediately after the completion of your successful order, the Seller and / or the Partner may contact you on the contact number you provide or otherwise to ascertain the order details, changes to orders (such as: in the absence of Goods), prices to be paid, changes to the price of the order, and / or the possibility of delivery time.

3.3. Your order may not be processed if (i) you do not pick up the phone or cannot be contacted when the Seller and / or the Shipping Service Provider contact you to confirm the order, or (ii) the total size of the Goods exceeds 32x25x12cm / 13kg , then the provisions relating to the cancellation below will apply.

3.4. Prices of Products listed in the Application are determined entirely by the Seller and displayed for information purposes only. Prices of Products listed in the Application may, for reasons such as technical errors, typing errors or less up-to-date information provided by the Seller, be incorrectly listed and the Seller may cancel your order in connection with the price inaccuracy.

3.5. The Seller is solely responsible for any statement regarding the quality of the Goods sold to you and any statement and quality of the Products is not Grab’s responsibility.

3.6. As a general condition for cancellation of this order, you are not entitled to cancel the order as soon as you receive your order confirmation. If you cancel your order after being confirmed, you are still responsible for paying shipping costs even though the Products have been prepared by the Seller.

3.7. You are still responsible for paying the price of the order in full when: (i) the cancellation of the order is made by you after the Partner picks up the Products you ordered, or (ii) you are not present or arrive at the shipping location, or (iii) you cannot contacted, both physically and through telephone contact, after 10 (ten) minutes the Partner arrives at the delivery location.

3.8. Grab, the Seller or the Partner have the right not to process your order, if the following events occur:

• where the shipping location is outside the shipping zone offered on the Application
• You cannot be contacted by telephone or any other method at the time of order confirmation
• delivery of failed orders due to lack of information, directives or authorization from you at the time of delivery; or
• unavailability of Goods that you ordered when you ordered Goods

3.9. After the Products are delivered to you, you are responsible for any loss, damage, or contamination of the Products.