Terms of Service

Terms of Use for Indonesia GrabTaxi Passengers

Last modified: 6 September 2018

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and PT Grab Taxi Indonesia (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at http://www.grab.com or through the Application.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.grab.com. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at http://www.grab.com.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS TO OFFER TRANSPORTATION SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD PARTY TRANSPORTATION PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE TRANSPORTATION SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY TRANSPORTATION PROVIDER AND/OR ANY TRANSPORTATION SERVICES PROVIDED TO YOU.

  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent
    purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance,
    inconvenience or make fake bookings;
  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
  • You shall not contact the third party transportation provider for purposes other than the Service;
  • You will not impair the proper operation of the network;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation provider;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account may be registered on one (1) device;
  • You agree to 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 the term of this Agreement. You agree that the Company 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, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers;
  • You are aware that when requesting transportation services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, the Company or any third party as a result of any breach of the Terms of Use.

  1. Payment
  • You may choose to pay for the transportation services by cash and where available, by credit card and or debit card (“Card”).
  • In the event that you choose to pay for the transportation services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the transportation services.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. 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 Card.
  • In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
  • When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing. This will automatically be added to the transportation fee at the end of each journey and given to the third party transportation provider unless you choose to override it with a different tip amount or to remove the tip.
  • Once you have completed a journey using the Service, you are required to make payment in full to the third party transportation provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third party transportation provider directly.
  • The Company has the right to suspend or make unable the use of Card or limit the use of Card in the event there is any interruption in any transaction which may cause rejection or chargeback from any financial institution OR where the Company reasonably believes that the Card has been used for any transaction which may be considered as any fraudulent, illegal or involving criminal activity.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
  • You shall be responsible to resolve any disputes with your Card company on your own.
  1. OVO Credits
  • You may purchase credits (“OVO Credits”) which may be used to pay for the transportation services. The maximum amount of OVO Credits that you can hold at any time is IDR2,000,000 (two million Rupiah), unless you have registered (pursuant to prevailing laws and regulations) which allows you to have maximum OVO Credits of IDR10,000,000 (ten million Rupiah).
  • OVO Credits service is operated by PT Visionet Internasional (“OVO”), which has obtained permit to be electronic money issuer from Bank Indonesia, and therefore by using OVO service you have agreed to be subject to the terms and conditions of the provision of electronic money service by OVO (https://www.ovo.id/tnc).
  • You may choose to purchase OVO Credits through any of the methods as may be made available in the Application from time to time. Selecting a particular payment method means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
  • You should ensure that you have sufficient OVO Credits to pay for the transportation services. If you have insufficient credit balance to pay for the transportation services, you may purchase additional OVO Credits so that you may complete your payment for the transportation services.
  • You may check your OVO Credits balance in the Application. The OVO Credits balance set out in the Application shall serve as a conclusive evidence of your OVO Credits balance.
  1. GrabRewards Loyalty Program

Membership

  • By using the Application, you will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by the Company and/or its Affiliates (“GrabRewards Loyalty Programme”).
  • As a member of the GrabRewards Loyalty Programme, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by the Company and/or third party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”).

Earning Points

  • The Company may, at its sole and absolute discretion, award you points (“Points”) which can be used to redeem for Rewards upon the completion of GrabTaxi qualifying transportation services booked via the Application in Indonesia.
  • The Company may at its sole and absolute discretion, issue you 1 Point for every Rp.10,000 that you spend on qualifying GrabTaxi transportation services in Indonesia (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying GrabTaxi transportation services excluded). For instance, if your GrabBike ride costs Rp.100,000 and you received a Rp.50,000 discount, the Company, may at its sole and absolute discretion, issue you 5 Points on the Rp.50,000.
  • The Points are calculated on a per transaction basis and rounded up to the nearest whole number if the decimal more or equal to 0.5 Points, and down to the nearest whole number if the decimal is equal or less than 0.5 Points. For instance, if you spent Rp.24,000 on a GrabTaxi ride, the Company, may at its sole and absolute discretion, issue you 2 Points but if you spent Rp.25,000 on a GrabTaxi ride, the Company, may at its sole and absolute discretion issue you 3 Points.
  • For actual spending that results in decimals less than 1 Point, the Company, may at its sole and absolute discretion, issue you 1 Point. For instance, if your GrabTaxi ride costs Rp.9,000 and you received a Rp.1,000 discount, the Company, may at its sole and absolute discretion, issue you 1 Point on the Rp.8,000 that you actually paid.

The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.

Points Validity

  • Points earned:
  1. between 1 January to 30 June in a calendar year are valid until 31 December of that calendar year; and
  2. between 1 July to 31 December in a calendar year are valid until 30 June of the next calendar year.
  • You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. The Company shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion You agree that you will have no claim whatsoever against the Company for any expired Points.
  • Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

Redemption of Rewards

  • If you comply with all these terms and conditions and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of the Company or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
  • 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 the Company for any expired e-vouchers.
  • Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
  • The Company may at its sole and absolute discretion reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.
  • You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.

Membership Tiers

  • The GrabRewards Loyalty Programme offers four (4) membership tiers as follows:
  1. an entry membership tier known as “Member”;
  2. a basic membership tier known as “Silver”;
  3. a mid membership tier known as “Gold”; and
  4. a premier membership tier known as “Platinum”.
  • The number of Points required to upgrade or renew the tiered membership is set out below:

Membership Tier

Requisite Points to be earned between 1 January to 30 June

or 1 July to 31 December in a calendar year

a. Member

0

b. Silver

500

c. Gold

1500

d. Platinum

3000

  • Points earned between 1 January to 30 June in a calendar year shall qualify you for the applicable membership tier from 1 July to 31 December of that calendar year.
  • Points earned between 1 July to 31 December in a calendar year shall qualify you for the applicable membership tier from 1 January to 30 June of the next calendar year.
  • Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.
  • The benefits and privileges of each membership tier shall be as set out from time to time in the Application.

Cessation of Membership

  • If you do not wish to be a member of the GrabRewards Loyalty Programme, you may do so by opting out though the Application.
  • You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone.
  • Upon your cessation to be a member of the GrabRewards Loyalty Programme, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
  • Fraud or abuse of redemptions may result in the forfeiture of accumulated Points as well as cancellation of your membership in the GrabRewards Loyalty Programme.

General

  • To the extent as permitted by applicable laws, the Company reserves the right at any time to:
  1. vary, modify or amend the terms and conditions of the GrabRewards Loyalty Programme (including adding or deleting any terms);
  2. terminate or modify the GrabRewards Loyalty Programme;
  3. revoke, adjust and/or recalculate any Points awarded;
  4. change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
  5. change the number of Points that can be earned on spendings on qualifying transportation services;
  6. modify the qualifications and eligibility for earning Points;
  7. modify the activities that earn Points;
  8. modify the methods used to calculate the number of Points to be awarded;
  9. withhold or cease the awarding of Points to you;
  10. modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
  11. change or withdraw any benefits related to a particular membership tier;

without prior notice to you and at its sole discretion.

  • The Company may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
  • You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.
  1. Rating from Third Party Transportation Service Provider
  • Third party transportation service provider has the rights to rate you as the user of the Service or user who book the Service (User). Each rating shall be based on, including but not limited to, behaviours of the User, before, during or after the trip is completed.
  • Each rating shall be automatically input to the Company’s system, and you agree that the Company may analyse all collected ratings, and has the rights to take all necessary actions including to suspend you from using the Service without notification.
  1. Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company 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 supplied under this Agreement.

  1. License Grant & Restrictions

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an 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, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

  1. Intellectual Property Ownership

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application 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 Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

  1. Confidentiality

You shall maintain in confidence all information and data relating to the Company, 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 the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

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

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission of you;
  • was received from a third-party having the right to disclose it; or
  • is required to be disclosed by law.
  1. Personal Data Protection

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):

  • To perform the Company’s obligations in respect of any contract entered with you;
  • To provide you with any services pursuant to the Terms of Use herein;
  • To process your participation in any events, promotions, activities, focus groups, research
    studies, contests, promotions, polls, surveys or any productions and to communicate with you
    regarding your attendance thereto;
  • Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
  • To validate and/or process payments pursuant to the Terms of Use herein;
  • To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet
    your needs;
  • To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
  • To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
  • To respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
  • To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
  • To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

  1. Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.grab.com. You agree and allow the Company 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. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

  1. Repair or Cleaning Fees

You shall be responsible for the cost of repair for any damage to or necessary cleaning of the third party service provider’s vehicle as a result of your misuse of the Service or in breach of the Terms of Use herein. The Company reserves the right to facilitate payment for reasonable cost of such repair or cleaning on behalf of the third party service provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the third party service provider has been verified by the Company.

  1. Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application or (e) your use or misuse of Rewards or your membership under the GrabRewards Loyalty Programme, including if you commit any fraud or misrepresent any information supplied.

  1. Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION, THE SOFTWARE AND/OR REWARDS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE AND/OR REWARDS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, REWARDS OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY TRANSPORTATION PROVIDER. THE SERVICE AND REWARDS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES AND/OR REWARDS, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE AND/OR THE REDEMPTION, SUPPLY OR USE OF REWARDS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

  1. Internet Delays

THE SERVICE, THE 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. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, COSTS OR EXPENSES INCURRED, SUFFERED OR SUSTAINED BY YOU ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE GRABREWARDS LOYALTY PROGRAMME, INCLUDING WITHOUT LIMITATION:

  • ANY FAILURE OR REFUSAL BY ANY THIRD PARTY MERCHANTS IN ACCEPTING THE POINTS FOR REDEMPTION OR REWARDS REDEEMED;
  • ANY LOSS OF DATA AND RECORDS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE THIRD PARTY MERCHANTS PROVIDING THE REWARDS;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME; AND
  • ANY LOSS OF VALUE OR BENEFIT THAT MAY ARISE AS A RESULT OF ANY CHANGES MADE TO THE GRABREWARDS LOYALTY PROGRAMME.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY OR DELAY OF YOUR JOURNEY FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, UNFORESEEABLE TRAFFIC CONDITIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.

THE COMPANY PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS TECHNOLOGY, APPLICATIONS, OR CUSTOMER SERVICE WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, OR QUALITY OF THE DELIVERY SERVICES, APPLICATION OR THE THIRD PARTY TRANSPORTATION PROVIDERS.

THE COMPANY IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICE OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE APPLICATION.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY WHICH YOU MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE THIRD PARTY TRANSPORTATION PROVIDERS’ SERVICES, MATTERS RELATING TO THIRD PARTY TRANSPORTATION PROVIDERS, OR THE PROCESS OF TRANSPORTATION BY REASON OF YOU USING THE SERVICE IN YOUR CAPACITY AS A PASSENGER.

  1. Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. 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 the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

  1. Assignment

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

  1. General

This Agreement 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 the Terms of Use or the Service shall be referred to the Indonesia National Board of Arbitration (Badan Arbitrase Nasional Indonesia or “BANI”), in accordance with the Rules of BANI as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of BANI in accordance with the Rules.

The seat and venue of the arbitration shall be Jakarta, in the English language and the fees of the Arbitrator shall be borne equally by the parties, 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.

Each of the parties hereby agrees that in accordance with Article 60 of Law No. 30 of 1999 (“Arbitration Law”), the award shall be final and binding upon the parties and, consequently neither of the parties shall have any right to appeal the arbitration award. The parties also expressly agree to waive Article 48.1 and 73(b) of the Arbitration Law so that the mandate of the Arbitrator duly constituted in accordance with the terms of this Terms of Use shall remain in effect until a final arbitration award has been issued by the Arbitrator.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement. The Company and You expressly waive Article 1266 of the Indonesian Civil Code to the extent necessary to effect termination of this Terms of Use without the need for a court decision.

The Company is a licensee of GrabTaxi Holdings Pte Ltd (Company No. 201316157E and having its registered address at 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) for the Application.

Terms of Use for Indonesia GrabCar Passengers

Last modified: 23 May 2018

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and PT Solusi Transportasi Indonesia (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at http://www.grab.com or through the Application.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.grab.com. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at http://www.grab.com.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS TO OFFER TRANSPORTATION SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD PARTY TRANSPORTATION PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE TRANSPORTATION SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY TRANSPORTATION PROVIDER AND/OR ANY TRANSPORTATION SERVICES PROVIDED TO YOU.

  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent
    purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance,
    inconvenience or make fake bookings;
  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
  • You shall not contact the third party transportation provider for purposes other than the Service;
  • You will not impair the proper operation of the network;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation provider;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account may be registered on one (1) device;
  • You agree to 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 the term of this Agreement. You agree that the Company 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, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers;
  • You are aware that when requesting transportation services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, the Company or any third party as a result of any breach of the Terms of Use.

  1. Payment
  • You may choose to pay for the transportation services by cash and where available, by credit card and or debit card (“Card”).
  • In the event that you choose to pay for the transportation services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the transportation services.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. 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 Card.
  • In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
  • When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing. This will automatically be added to the transportation fee at the end of each journey and given to the third party transportation provider unless you choose to override it with a different tip amount or to remove the tip.
  • Once you have completed a journey using the Service, you are required to make payment in full to the third party transportation provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third party transportation provider directly.
  • The Company has the right to suspend or make unable the use of Card or limit the use of Card in the event there is any interruption in any transaction which may cause rejection or chargeback from any financial institution OR where the Company reasonably believes that the Card has been used for any transaction which may be considered as any fraudulent, illegal or involving criminal activity.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
  • You shall be responsible to resolve any disputes with your Card company on your own.
  1. OVO Credits
  • You may purchase credits (“OVO Credits”) which may be used to pay for the transportation services. The maximum amount of OVO Credits that you can hold at any time is IDR2,000,000 (two million Rupiah), unless you have registered (pursuant to prevailing laws and regulations) which allows you to have maximum OVO Credits of IDR10,000,000 (ten million Rupiah).
  • OVO Credits service is operated by PT Visionet Internasional (“OVO”), which has obtained permit to be electronic money issuer from Bank Indonesia, and therefore by using OVO service you have agreed to be subject to the terms and conditions of the provision of electronic money service by OVO (https://www.ovo.id/tnc).
  • You may choose to purchase OVO Credits through any of the methods as may be made available in the Application from time to time. Selecting a particular payment method means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
  • You should ensure that you have sufficient OVO Credits to pay for the transportation services. If you have insufficient credit balance to pay for the transportation services, you may purchase additional OVO Credits so that you may complete your payment for the transportation services.
  • You may check your OVO Credits balance in the Application. The OVO Credits balance set out in the Application shall serve as a conclusive evidence of your OVO Credits balance.
  1. GrabRewards Loyalty Program

Membership

  • By using the Application, you will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by the Company and/or its Affiliates (“GrabRewards Loyalty Programme”).
  • As a member of the GrabRewards Loyalty Programme, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by the Company and/or third party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”).

Earning Points

  • The Company may, at its sole and absolute discretion, award you points (“Points”) which can be used to redeem for Rewards upon the completion of GrabCar qualifying transportation services booked via the Application in Indonesia.
  • The Company may at its sole and absolute discretion, issue you 1 Point for every Rp.10,000 that you spend on qualifying GrabCar transportation services in Indonesia (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying GrabCar transportation services excluded). For instance, if your GrabCar ride costs Rp.100,000 and you received a Rp.50,000 discount, the Company, may at its sole and absolute discretion, issue you 5 Points on the Rp.50,000.
  • The Points are calculated on a per transaction basis and rounded up to the nearest whole number if the decimal more or equal to 0.5 Points, and down to the nearest whole number if the decimal is equal or less than 0.5 Points. For instance, if you spent Rp.24,000 on a GrabCar ride, the Company, may at its sole and absolute discretion, issue you 2 Points but if you spent Rp.25,000 on a GrabCar ride, the Company, may at its sole and absolute discretion issue you 3 Points.
  • For actual spending that results in decimals less than 1 Point, the Company, may at its sole and absolute discretion, issue you 1 Point. For instance, if your GrabCar ride costs Rp.9,000 and you received a Rp.1,000 discount, the Company, may at its sole and absolute discretion, issue you 1 Point on the Rp.8,000 that you actually paid.

The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.

Points Validity

  • Points earned:
  1. between 1 January to 30 June in a calendar year are valid until 31 December of that calendar year; and
  2. between 1 July to 31 December in a calendar year are valid until 30 June of the next calendar year.
  • You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. The Company shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion You agree that you will have no claim whatsoever against the Company for any expired Points.
  • Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

Redemption of Rewards

  • If you comply with all these terms and conditions and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of the Company or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
  • 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 the Company for any expired e-vouchers.
  • Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
  • The Company may at its sole and absolute discretion reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.
  • You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.

Membership Tiers

  • The GrabRewards Loyalty Programme offers four (4) membership tiers as follows:
  1. an entry membership tier known as “Member”;
  2. a basic membership tier known as “Silver”;
  3. a mid membership tier known as “Gold”; and
  4. a premier membership tier known as “Platinum”.
  • The number of Points required to upgrade or renew the tiered membership is set out below:

Membership Tier

Requisite Points to be earned between 1 January to 30 June

or 1 July to 31 December in a calendar year

a. Member

0

b. Silver

500

c. Gold

1500

d. Platinum

3000

  • Points earned between 1 January to 30 June in a calendar year shall qualify you for the applicable membership tier from 1 July to 31 December of that calendar year.
  • Points earned between 1 July to 31 December in a calendar year shall qualify you for the applicable membership tier from 1 January to 30 June of the next calendar year.
  • Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.
  • The benefits and privileges of each membership tier shall be as set out from time to time in the Application.

Cessation of Membership

  • If you do not wish to be a member of the GrabRewards Loyalty Programme, you may do so by opting out though the Application.
  • You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone.
  • Upon your cessation to be a member of the GrabRewards Loyalty Programme, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
  • Fraud or abuse of redemptions may result in the forfeiture of accumulated Points as well as cancellation of your membership in the GrabRewards Loyalty Programme.

General

  • To the extent as permitted by applicable laws, the Company reserves the right at any time to:
  1. vary, modify or amend the terms and conditions of the GrabRewards Loyalty Programme (including adding or deleting any terms);
  2. terminate or modify the GrabRewards Loyalty Programme;
  3. revoke, adjust and/or recalculate any Points awarded;
  4. change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
  5. change the number of Points that can be earned on spendings on qualifying transportation services;
  6. modify the qualifications and eligibility for earning Points;
  7. modify the activities that earn Points;
  8. modify the methods used to calculate the number of Points to be awarded;
  9. withhold or cease the awarding of Points to you;
  10. modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
  11. change or withdraw any benefits related to a particular membership tier;

without prior notice to you and at its sole discretion.

  • The Company may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
  • You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.
  1. Rating from Third Party Transportation Service Provider
  • Third party transportation service provider has the rights to rate you as the user of the Service or user who book the Service (User). Each rating shall be based on, including but not limited to, behaviours of the User, before, during or after the trip is completed.
  • Each rating shall be automatically input to the Company’s system, and you agree that the Company may analyse all collected ratings, and has the rights to take all necessary actions including to suspend you from using the Service without notification.
  1. Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company 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 supplied under this Agreement.

  1. License Grant & Restrictions

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an 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, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

  1. Intellectual Property Ownership

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application 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 Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

  1. Confidentiality

You shall maintain in confidence all information and data relating to the Company, 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 the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

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

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission of you;
  • was received from a third-party having the right to disclose it; or
  • is required to be disclosed by law.
  1. Personal Data Protection

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):

  • To perform the Company’s obligations in respect of any contract entered with you;
  • To provide you with any services pursuant to the Terms of Use herein;
  • To process your participation in any events, promotions, activities, focus groups, research
    studies, contests, promotions, polls, surveys or any productions and to communicate with you
    regarding your attendance thereto;
  • Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
  • To validate and/or process payments pursuant to the Terms of Use herein;
  • To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet
    your needs;
  • To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
  • To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
  • To respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
  • To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
  • To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

  1. Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.grab.com. You agree and allow the Company 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. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

  1. Repair or Cleaning Fees

You shall be responsible for the cost of repair for any damage to or necessary cleaning of the third party service provider’s vehicle as a result of your misuse of the Service or in breach of the Terms of Use herein. The Company reserves the right to facilitate payment for reasonable cost of such repair or cleaning on behalf of the third party service provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the third party service provider has been verified by the Company.

  1. Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application or (e) your use or misuse of Rewards or your membership under the GrabRewards Loyalty Programme, including if you commit any fraud or misrepresent any information supplied.

  1. Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION, THE SOFTWARE AND/OR REWARDS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE AND/OR REWARDS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, REWARDS OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY TRANSPORTATION PROVIDER. THE SERVICE AND REWARDS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES AND/OR REWARDS, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE AND/OR THE REDEMPTION, SUPPLY OR USE OF REWARDS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

  1. Internet Delays

THE SERVICE, THE 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. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, COSTS OR EXPENSES INCURRED, SUFFERED OR SUSTAINED BY YOU ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE GRABREWARDS LOYALTY PROGRAMME, INCLUDING WITHOUT LIMITATION:

  • ANY FAILURE OR REFUSAL BY ANY THIRD PARTY MERCHANTS IN ACCEPTING THE POINTS FOR REDEMPTION OR REWARDS REDEEMED;
  • ANY LOSS OF DATA AND RECORDS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE THIRD PARTY MERCHANTS PROVIDING THE REWARDS;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME; AND
  • ANY LOSS OF VALUE OR BENEFIT THAT MAY ARISE AS A RESULT OF ANY CHANGES MADE TO THE GRABREWARDS LOYALTY PROGRAMME.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY OR DELAY OF YOUR JOURNEY FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, UNFORESEEABLE TRAFFIC CONDITIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.

THE COMPANY PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS TECHNOLOGY, APPLICATIONS, OR CUSTOMER SERVICE WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, OR QUALITY OF THE DELIVERY SERVICES, APPLICATION OR THE THIRD PARTY TRANSPORTATION PROVIDERS.

THE COMPANY IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICE OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE APPLICATION.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY WHICH YOU MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE THIRD PARTY TRANSPORTATION PROVIDERS’ SERVICES, MATTERS RELATING TO THIRD PARTY TRANSPORTATION PROVIDERS, OR THE PROCESS OF TRANSPORTATION BY REASON OF YOU USING THE SERVICE IN YOUR CAPACITY AS A PASSENGER.

  1. Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. 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 the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

  1. Assignment

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

  1. General

This Agreement 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 the Terms of Use or the Service shall be referred to the Indonesia National Board of Arbitration (Badan Arbitrase Nasional Indonesia or “BANI”), in accordance with the Rules of BANI as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of BANI in accordance with the Rules.

The seat and venue of the arbitration shall be Jakarta, in the English language and the fees of the Arbitrator shall be borne equally by the parties, 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.

Each of the parties hereby agrees that in accordance with Article 60 of Law No. 30 of 1999 (“Arbitration Law”), the award shall be final and binding upon the parties and, consequently neither of the parties shall have any right to appeal the arbitration award. The parties also expressly agree to waive Article 48.1 and 73(b) of the Arbitration Law so that the mandate of the Arbitrator duly constituted in accordance with the terms of this Terms of Use shall remain in effect until a final arbitration award has been issued by the Arbitrator.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement. The Company and You expressly waive Article 1266 of the Indonesian Civil Code to the extent necessary to effect termination of this Terms of Use without the need for a court decision.

The Company is a licensee of GrabTaxi Holdings Pte Ltd (Company No. 201316157E and having its registered address at 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) for the Application.

Terms of Use for Indonesia GrabBike Passengers

Last modified: 23 May 2018

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and PT Solusi Transportasi Indonesia (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at http://www.grab.com or through the Application.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.grab.com. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at http://www.grab.com.

THE COMPANY IS ATECHNOLOGY COMPANYTHAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS TO OFFER TRANSPORTATION SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD PARTY TRANSPORTATION PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE TRANSPORTATION SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY TRANSPORTATION PROVIDER AND/OR ANY TRANSPORTATION SERVICES PROVIDED TO YOU.

  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent
    purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance,
    inconvenience or make fake bookings;
  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
  • You shall not contact the third party transportation provider for purposes other than the Service;
  • You will not impair the proper operation of the network;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation provider;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account may be registered on one (1) device;
  • You agree to 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 the term of this Agreement. You agree that the Company 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, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers;
  • You are aware that when requesting transportation services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, the Company or any third party as a result of any breach of the Terms of Use.

  1. Payment
  • You may choose to pay for the transportation services by cash and where available, by credit card and or debit card (“Card”).
  • In the event that you choose to pay for the transportation services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the transportation services.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. 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 Card.
  • In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
  • When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing. This will automatically be added to the transportation fee at the end of each journey and given to the third party transportation provider unless you choose to override it with a different tip amount or to remove the tip.
  • Once you have completed a journey using the Service, you are required to make payment in full to the third party transportation provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third party transportation provider directly.
  • The Company has the right to suspend or make unable the use of Card or limit the use of Card in the event there is any interruption in any transaction which may cause rejection or chargeback from any financial institution OR where the Company reasonably believes that the Card has been used for any transaction which may be considered as any fraudulent, illegal or involving criminal activity.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
  • You shall be responsible to resolve any disputes with your Card company on your own.
  1. OVO Credits
  • You may purchase credits (“OVO Credits”) which may be used to pay for the transportation services. The maximum amount of OVO Credits that you can hold at any time is IDR2,000,000 (two million Rupiah), unless you have registered (pursuant to prevailing laws and regulations) which allows you to have maximum OVO Credits of IDR10,000,000 (ten million Rupiah).
  • OVO Credits service is operated by PT Visionet Internasional (“OVO”), which has obtained permit to be electronic money issuer from Bank Indonesia, and therefore by using OVO service you have agreed to be subject to the terms and conditions of the provision of electronic money service by OVO (https://www.ovo.id/tnc).
  • You may choose to purchase OVO Credits through any of the methods as may be made available in the Application from time to time. Selecting a particular payment method means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
  • You should ensure that you have sufficient OVO Credits to pay for the transportation services. If you have insufficient credit balance to pay for the transportation services, you may purchase additional OVO Credits so that you may complete your payment for the transportation services.
  • You may check your OVO Credits balance in the Application. The OVO Credits balance set out in the Application shall serve as a conclusive evidence of your OVO Credits balance.
  1. GrabRewards Loyalty Program

Membership

  • By using the Application, you will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by the Company and/or its Affiliates (“GrabRewards Loyalty Programme”).
  • As a member of the GrabRewards Loyalty Programme, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by the Company and/or third party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”).

Earning Points

  • The Company may, at its sole and absolute discretion, award you points (“Points”) which can be used to redeem for Rewards upon the completion of GrabBike qualifying transportation services booked via the Application in Indonesia.
  • The Company may at its sole and absolute discretion, issue you 1 Point for every Rp.10,000 that you spend on qualifying GrabBike transportation services in Indonesia (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying GrabBike transportation services excluded). For instance, if your GrabBike ride costs Rp.100,000 and you received a Rp.50,000 discount, the Company, may at its sole and absolute discretion, issue you 5 Points on the Rp.50,000.
  • The Points are calculated on a per transaction basis and rounded up to the nearest whole number if the decimal more or equal to 0.5 Points, and down to the nearest whole number if the decimal is equal or less than 0.5 Points. For instance, if you spent Rp.24,000 on a GrabBike ride, the Company, may at its sole and absolute discretion, issue you 2 Points but if you spent Rp.25,000 on a GrabBike ride, the Company, may at its sole and absolute discretion issue you 3 Points.
  • For actual spending that results in decimals less than 1 Point, the Company, may at its sole and absolute discretion, issue you 1 Point. For instance, if your GrabBike ride costs Rp.9,000 and you received a Rp.1,000 discount, the Company, may at its sole and absolute discretion, issue you 1 Point on the Rp.8,000 that you actually paid.

The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.

Points Validity

  • Points earned:
  1. between 1 January to 30 June in a calendar year are valid until 31 December of that calendar year; and
  2. between 1 July to 31 December in a calendar year are valid until 30 June of the next calendar year.
  • You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. The Company shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion You agree that you will have no claim whatsoever against the Company for any expired Points.
  • Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

Redemption of Rewards

  • If you comply with all these terms and conditions and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of the Company or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
  • 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 the Company for any expired e-vouchers.
  • Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
  • The Company may at its sole and absolute discretion reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.
  • You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.

Membership Tiers

  • The GrabRewards Loyalty Programme offers four (4) membership tiers as follows:
  1. an entry membership tier known as “Member”;
  2. a basic membership tier known as “Silver”;
  3. a mid membership tier known as “Gold”; and
  4. a premier membership tier known as “Platinum”.
  • The number of Points required to upgrade or renew the tiered membership is set out below:

Membership Tier

Requisite Points to be earned between 1 January to 30 June

or 1 July to 31 December in a calendar year

a. Member

0

b. Silver

500

c. Gold

1500

d. Platinum

3000

  • Points earned between 1 January to 30 June in a calendar year shall qualify you for the applicable membership tier from 1 July to 31 December of that calendar year.
  • Points earned between 1 July to 31 December in a calendar year shall qualify you for the applicable membership tier from 1 January to 30 June of the next calendar year.
  • Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.
  • The benefits and privileges of each membership tier shall be as set out from time to time in the Application.

Cessation of Membership

  • If you do not wish to be a member of the GrabRewards Loyalty Programme, you may do so by opting out though the Application.
  • You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone.
  • Upon your cessation to be a member of the GrabRewards Loyalty Programme, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
  • Fraud or abuse of redemptions may result in the forfeiture of accumulated Points as well as cancellation of your membership in the GrabRewards Loyalty Programme.

General

  • To the extent as permitted by applicable laws, the Company reserves the right at any time to:
  1. vary, modify or amend the terms and conditions of the GrabRewards Loyalty Programme (including adding or deleting any terms);
  2. terminate or modify the GrabRewards Loyalty Programme;
  3. revoke, adjust and/or recalculate any Points awarded;
  4. change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
  5. change the number of Points that can be earned on spendings on qualifying transportation services;
  6. modify the qualifications and eligibility for earning Points;
  7. modify the activities that earn Points;
  8. modify the methods used to calculate the number of Points to be awarded;
  9. withhold or cease the awarding of Points to you;
  10. modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
  11. change or withdraw any benefits related to a particular membership tier;

without prior notice to you and at its sole discretion.

  • The Company may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
  • You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.
  1. Rating from Third Party Transportation Service Provider
  • Third party transportation service provider has the rights to rate you as the user of the Service or user who book the Service (User). Each rating shall be based on, including but not limited to, behaviours of the User, before, during or after the trip is completed.
  • Each rating shall be automatically input to the Company’s system, and you agree that the Company may analyse all collected ratings, and has the rights to take all necessary actions including to suspend you from using the Service without notification.
  1. Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company 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 supplied under this Agreement.

  1. License Grant & Restrictions

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an 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, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

  1. Intellectual Property Ownership

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application 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 Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

  1. Confidentiality

You shall maintain in confidence all information and data relating to the Company, 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 the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

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

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission of you;
  • was received from a third-party having the right to disclose it; or
  • is required to be disclosed by law.
  1. Personal Data Protection

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):

  • To perform the Company’s obligations in respect of any contract entered with you;
  • To provide you with any services pursuant to the Terms of Use herein;
  • To process your participation in any events, promotions, activities, focus groups, research
    studies, contests, promotions, polls, surveys or any productions and to communicate with you
    regarding your attendance thereto;
  • Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
  • To validate and/or process payments pursuant to the Terms of Use herein;
  • To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet
    your needs;
  • To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
  • To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
  • To respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
  • To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
  • To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

  1. Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.grab.com. You agree and allow the Company 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. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

  1. Repair or Cleaning Fees

You shall be responsible for the cost of repair for any damage to or necessary cleaning of the third party service provider’s vehicle as a result of your misuse of the Service or in breach of the Terms of Use herein. The Company reserves the right to facilitate payment for reasonable cost of such repair or cleaning on behalf of the third party service provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the third party service provider has been verified by the Company.

  1. Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application or (e) your use or misuse of Rewards or your membership under the GrabRewards Loyalty Programme, including if you commit any fraud or misrepresent any information supplied.

  1. Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION, THE SOFTWARE AND/OR REWARDS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE AND/OR REWARDS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, REWARDS OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY TRANSPORTATION PROVIDER. THE SERVICE AND REWARDS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES AND/OR REWARDS, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE AND/OR THE REDEMPTION, SUPPLY OR USE OF REWARDS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

  1. Internet Delays

THE SERVICE, THE 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. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, COSTS OR EXPENSES INCURRED, SUFFERED OR SUSTAINED BY YOU ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE GRABREWARDS LOYALTY PROGRAMME, INCLUDING WITHOUT LIMITATION:

  • ANY FAILURE OR REFUSAL BY ANY THIRD PARTY MERCHANTS IN ACCEPTING THE POINTS FOR REDEMPTION OR REWARDS REDEEMED;
  • ANY LOSS OF DATA AND RECORDS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE THIRD PARTY MERCHANTS PROVIDING THE REWARDS;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME; AND
  • ANY LOSS OF VALUE OR BENEFIT THAT MAY ARISE AS A RESULT OF ANY CHANGES MADE TO THE GRABREWARDS LOYALTY PROGRAMME.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY OR DELAY OF YOUR JOURNEY FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, UNFORESEEABLE TRAFFIC CONDITIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.

THE COMPANY PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS TECHNOLOGY, APPLICATIONS, OR CUSTOMER SERVICE WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, OR QUALITY OF THE DELIVERY SERVICES, APPLICATION OR THE THIRD PARTY TRANSPORTATION PROVIDERS.

THE COMPANY IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICE OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE APPLICATION.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY WHICH YOU MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE THIRD PARTY TRANSPORTATION PROVIDERS’ SERVICES, MATTERS RELATING TO THIRD PARTY TRANSPORTATION PROVIDERS, OR THE PROCESS OF TRANSPORTATION BY REASON OF YOU USING THE SERVICE IN YOUR CAPACITY AS A PASSENGER.

  1. Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. 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 the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

  1. Assignment

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

  1. General

This Agreement 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 the Terms of Use or the Service shall be referred to the Indonesia National Board of Arbitration (Badan Arbitrase Nasional Indonesia or “BANI”), in accordance with the Rules of BANI as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of BANI in accordance with the Rules.

The seat and venue of the arbitration shall be Jakarta, in the English language and the fees of the Arbitrator shall be borne equally by the parties, 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.

Each of the parties hereby agrees that in accordance with Article 60 of Law No. 30 of 1999 (“Arbitration Law”), the award shall be final and binding upon the parties and, consequently neither of the parties shall have any right to appeal the arbitration award. The parties also expressly agree to waive Article 48.1 and 73(b) of the Arbitration Law so that the mandate of the Arbitrator duly constituted in accordance with the terms of this Terms of Use shall remain in effect until a final arbitration award has been issued by the Arbitrator.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement. The Company and You expressly waive Article 1266 of the Indonesian Civil Code to the extent necessary to effect termination of this Terms of Use without the need for a court decision.

The Company is a licensee of GrabTaxi Holdings Pte Ltd (Company No. 201316157E and having its registered address at 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) for the Application.

Terms of Use for Indonesia GrabExpress Customers

Last modified: 6 September 2018

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and PT Solusi Transportasi Indonesia (“STI”) dan PT Solusi Pengiriman Indonesia (“SPI”) (STI and SPI collectively referred to as the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at http://www.grab.com or through the Application.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.grab.com. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at http://www.grab.com.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES AND THE COMPANY IS NOT A TRANSPORTATION OR DELIVERY SERVICEPROVIDER. IT IS UP TO THE THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE PROVIDERS TO OFFER TRANSPORTATION AND/OR DELIVERY SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION AND/OR DELIVERY SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE TRANSPORTATION AND/OR DELIVERY SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION OR DELIVERY SERVICE PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY TRANSPORTATION OR DELIVERY SERVICE PROVIDER AND/OR ANY TRANSPORTATION OR DELIVERY SERVICES PROVIDED TO YOU.

  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent
    purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance,
    inconvenience or make fake bookings;
  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
  • You shall not contact the third party transportation and/or delivery services provider for purposes other than the Service;
  • You will not impair the proper operation of the network;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation or delivery services provider;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account may be registered on one (1) device;
  • You agree to 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 the term of this Agreement. You agree that the Company 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, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers or customers;
  • You are aware that when requesting transportation and/or delivery services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

You warrant that you are either the owner or the authorized representative of the owner of the parcel, and is authorised to accept and is accepting these Conditions for himself and as representative for and on behalf of the owner of the parcel.

You are responsible for ensuring that RECEIVER NAME, CONTACT and DELIVERY ADDRESS are included accurately into the “Notes to Driver” column and on the parcel. The Company shall not be liable in the event of late or non-delivery of the parcel by reason of erroneous delivery details as aforesaid.

You are to ensure that a DESCRIPTION of the parcel is to be included into the “Notes to Driver” column. The User warrants that the description and particulars of the parcels are complete, accurate and correct. Before the delivery commences, the User shall inform the third party transportation and/or delivery services provider of any specific precaution which should be applied to the handling of the parcels in accordance with their nature.

You warrant that you are complying with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the parcels and that the parcels are not in any manner or condition prohibited by law or is dangerous, hazardous, highly perishable, inflammable, contains explosive, corrosive and/or radioactive or that it is a restricted article as defined by the ASEAN Framework Agreement on the Facilitation of parcels in Transit (Protocol 9) (http://www.asean.org/news/item/protocol-dangerous-parcels); or by any applicable government department and other relevant organisation.

You further warrant that your parcel does not contain any counterfeit goods, animals (whether live or otherwise), bullion, currencies of any denominations, tax stickers, bearer forms of any negotiable instruments, precious metals and stones, real or imitation weapons including firearms or part thereof, explosives, ammunition, human remains or body parts, pornographic materials and illicit drugs or narcotics.

The Company has the right to open and inspect a parcel without notice on the basis of suspicion that the parcel may contain any prohibited parcels and hereby reserves the right to reject acceptance and delivery of any parcels which in its opinion cannot be carried safely or legally.

You warrant that the parcel does not contain cash, cash equivalent or any valuable parcels valued more than IDR 2,000,000 (Two Million Rupiah).

Except where the third party transportation and/or delivery services provider has agreed in writing to pack the parcels, you warrant that the parcels have been packed by yourself personally, are properly and sufficiently prepared, packed, stowed and marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the parcels and the characteristics of the parcels.

You shall solely be liable for demurrage or loss, damage, contamination, soiling or detention, before, or after the delivery of the parcel (including but not limited to Containers) or any person referred to herein caused directly or indirectly by you or any person acting as servants, representatives or independent contractors for or on behalf of either of them.

The third party transportation and/or delivery services provider retains the right to refuse delivery, for example, if the item is not packed well, above 5kg or larger than 32x25x12cm.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, the Company or any third party as a result of any breach of the Terms of Use.

  1. Payment
  • You may choose to pay for the transportation services by cash and where available, by credit card and or debit card (“Card”).
  • In the event that you choose to pay for the transportation services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the transportation services.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. 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 Card.
  • In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
  • When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing. This will automatically be added to the transportation fee at the end of each journey and given to the third party transportation provider unless you choose to override it with a different tip amount or to remove the tip.
  • Once you have completed a journey using the Service, you are required to make payment in full to the third party transportation provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third party transportation provider directly.
  • The Company has the right to suspend or make unable the use of Card or limit the use of Card in the event there is any interruption in any transaction which may cause rejection or chargeback from any financial institution OR where the Company reasonably believes that the Card has been used for any transaction which may be considered as any fraudulent, illegal or involving criminal activity.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
  • You shall be responsible to resolve any disputes with your Card company on your own.
  1. OVO Credits
  • You may purchase credits (“OVO Credits”) which may be used to pay for the transportation services. The maximum amount of OVO Credits that you can hold at any time is IDR2,000,000 (two million Rupiah), unless you have registered (pursuant to prevailing laws and regulations) which allows you to have maximum OVO Credits of IDR10,000,000 (ten million Rupiah).
  • OVO Credits service is operated by PT Visionet Internasional (“OVO”), which has obtained permit to be electronic money issuer from Bank Indonesia, and therefore by using OVO service you have agreed to be subject to the terms and conditions of the provision of electronic money service by OVO (https://www.ovo.id/tnc).
  • You may choose to purchase OVO Credits through any of the methods as may be made available in the Application from time to time. Selecting a particular payment method means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
  • You should ensure that you have sufficient OVO Credits to pay for the transportation services. If you have insufficient credit balance to pay for the transportation services, you may purchase additional OVO Credits so that you may complete your payment for the transportation services.
  • You may check your OVO Credits balance in the Application. The OVO Credits balance set out in the Application shall serve as a conclusive evidence of your OVO Credits balance.
  1. GrabRewards Loyalty Program

Membership

  • By using the Application, you will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by the Company and/or its Affiliates (“GrabRewards Loyalty Programme”).
  • As a member of the GrabRewards Loyalty Programme, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by the Company and/or third party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”).

Earning Points

  • The Company may, at its sole and absolute discretion, award you points (“Points”) which can be used to redeem for Rewards upon the completion of GrabExpress qualifying transportation services booked via the Application in Indonesia.
  • The Company may at its sole and absolute discretion, issue you 1 Point for every Rp.10,000 that you spend on qualifying GrabExpress transportation services in Indonesia (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying GrabExpress transportation services excluded). For instance, if your GrabExpress ride costs Rp.100,000 and you received a Rp.50,000 discount, the Company, may at its sole and absolute discretion, issue you 5 Points on the Rp.50,000.
  • The Points are calculated on a per transaction basis and rounded up to the nearest whole number if the decimal more or equal to 0.5 Points, and down to the nearest whole number if the decimal is equal or less than 0.5 Points. For instance, if you spent Rp.24,000 on a GrabExpress ride, the Company, may at its sole and absolute discretion, issue you 2 Points but if you spent Rp.25,000 on a GrabExpress ride, the Company, may at its sole and absolute discretion issue you 3 Points.
  • For actual spending that results in decimals less than 1 Point, the Company, may at its sole and absolute discretion, issue you 1 Point. For instance, if your GrabExpress ride costs Rp.9,000 and you received a Rp.1,000 discount, the Company, may at its sole and absolute discretion, issue you 1 Point on the Rp.8,000 that you actually paid.

The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.

Points Validity

  • Points earned:
  1. between 1 January to 30 June in a calendar year are valid until 31 December of that calendar year; and
  2. between 1 July to 31 December in a calendar year are valid until 30 June of the next calendar year.
  • You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. The Company shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion You agree that you will have no claim whatsoever against the Company for any expired Points.
  • Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

Redemption of Rewards

  • If you comply with all these terms and conditions and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of the Company or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
  • 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 the Company for any expired e-vouchers.
  • Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
  • The Company may at its sole and absolute discretion reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.
  • You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.

Membership Tiers

  • The GrabRewards Loyalty Programme offers four (4) membership tiers as follows:
  1. an entry membership tier known as “Member”;
  2. a basic membership tier known as “Silver”;
  3. a mid membership tier known as “Gold”; and
  4. a premier membership tier known as “Platinum”.
  • The number of Points required to upgrade or renew the tiered membership is set out below:

Membership Tier

Requisite Points to be earned between 1 January to 30 June

or 1 July to 31 December in a calendar year

a. Member

0

b. Silver

500

c. Gold

1500

d. Platinum

3000

  • Points earned between 1 January to 30 June in a calendar year shall qualify you for the applicable membership tier from 1 July to 31 December of that calendar year.
  • Points earned between 1 July to 31 December in a calendar year shall qualify you for the applicable membership tier from 1 January to 30 June of the next calendar year.
  • Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.
  • The benefits and privileges of each membership tier shall be as set out from time to time in the Application.

Cessation of Membership

  • If you do not wish to be a member of the GrabRewards Loyalty Programme, you may do so by opting out though the Application.
  • You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone.
  • Upon your cessation to be a member of the GrabRewards Loyalty Programme, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
  • Fraud or abuse of redemptions may result in the forfeiture of accumulated Points as well as cancellation of your membership in the GrabRewards Loyalty Programme.

General

  • To the extent as permitted by applicable laws, the Company reserves the right at any time to:
  1. vary, modify or amend the terms and conditions of the GrabRewards Loyalty Programme (including adding or deleting any terms);
  2. terminate or modify the GrabRewards Loyalty Programme;
  3. revoke, adjust and/or recalculate any Points awarded;
  4. change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
  5. change the number of Points that can be earned on spendings on qualifying transportation services;
  6. modify the qualifications and eligibility for earning Points;
  7. modify the activities that earn Points;
  8. modify the methods used to calculate the number of Points to be awarded;
  9. withhold or cease the awarding of Points to you;
  10. modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
  11. change or withdraw any benefits related to a particular membership tier;

without prior notice to you and at its sole discretion.

  • The Company may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
  • You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.
  1. Rating from Third Party Transportation Service Provider
  • Third party transportation and/or delivery service provider has the rights to rate you as the user of the Service or user who book the Service (User). Each rating shall be based on, including but not limited to, behaviours of the User, before, during or after the trip is completed.
  • Each rating shall be automatically input to the Company’s system, and you agree that the Company may analyse all collected ratings, and has the rights to take all necessary actions including to suspend you from using the Service without notification.
  1. Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company 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 supplied under this Agreement.

  1. License Grant & Restrictions

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an 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, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

  1. Intellectual Property Ownership

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application 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 Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

  1. Confidentiality

You shall maintain in confidence all information and data relating to the Company, 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 the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

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

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission of you;
  • was received from a third-party having the right to disclose it; or
  • is required to be disclosed by law.
  1. Personal Data Protection

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):

  • To perform the Company’s obligations in respect of any contract entered with you;
  • To provide you with any services pursuant to the Terms of Use herein;
  • To process your participation in any events, promotions, activities, focus groups, research
    studies, contests, promotions, polls, surveys or any productions and to communicate with you
    regarding your attendance thereto;
  • Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
  • To validate and/or process payments pursuant to the Terms of Use herein;
  • To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet
    your needs;
  • To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
  • To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
  • To respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
  • To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
  • To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

  1. Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.grab.com. You agree and allow the Company 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. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

  1. Repair or Cleaning Fees

You shall be responsible for the cost of repair for any damage to or necessary cleaning of the third party service provider’s vehicle as a result of your misuse of the Service or in breach of the Terms of Use herein. The Company reserves the right to facilitate payment for reasonable cost of such repair or cleaning on behalf of the third party service provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the third party service provider has been verified by the Company.

  1. Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation and/or delivery services providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation and/or delivery services providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application or (e) your use or misuse of Rewards or your membership under the GrabRewards Loyalty Programme, including if you commit any fraud or misrepresent any information supplied.

  1. Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION, THE SOFTWARE AND/OR REWARDS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE AND/OR REWARDS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, REWARDS OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDER. THE SERVICE AND REWARDS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES AND/OR REWARDS, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION, DELIVERY OR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE AND/OR THE REDEMPTION, SUPPLY OR USE OF REWARDS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION, DELIVERY OR OTHER SERVICES AND PRODUCTS REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

  1. Internet Delays

THE SERVICE, THE 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 AND/OR DELIVERY SERVICES PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

  1. Limitation of Liability

ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT 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. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY 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 FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE APPLICATION, THE SOFTWARE, AND/OR THE GRABREWARDS LOYALTY PROGRAMME INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION, THE SOFTWARE, AND/OR THE GRABREWARDS LOYALTY PROGRAMME, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH THE COMPANY, THE COMPANY CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE, THE APPLICATION AND/OR THE GRABREWARDS LOYALTY PROGRAMME (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, YOUR PARTICIPATION OR MEMBERSHIP IN THE GRABREWARDS LOYALTY PROGRAMME OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, AND/OR DELIVERY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE, THE APPLICATION AND/OR THE GRABREWARDS LOYALTY PROGRAMME.

THE QUALITY OF THE THIRD PARTY TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY TRANSPORTATION PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, 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.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, COSTS OR EXPENSES INCURRED, SUFFERED OR SUSTAINED BY YOU ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE GRABREWARDS LOYALTY PROGRAMME, INCLUDING WITHOUT LIMITATION:

  • ANY FAILURE OR REFUSAL BY ANY THIRD PARTY MERCHANTS IN ACCEPTING THE POINTS FOR REDEMPTION OR REWARDS REDEEMED;
  • ANY LOSS OF DATA AND RECORDS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE THIRD PARTY MERCHANTS PROVIDING THE REWARDS;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME; AND
  • ANY LOSS OF VALUE OR BENEFIT THAT MAY ARISE AS A RESULT OF ANY CHANGES MADE TO THE GRABREWARDS LOYALTY PROGRAMME.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY OR DELAY OF YOUR JOURNEY FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, UNFORESEEABLE TRAFFIC CONDITIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.

THE COMPANY PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS TECHNOLOGY, APPLICATIONS, OR CUSTOMER SERVICE WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, OR QUALITY OF THE DELIVERY SERVICES, APPLICATION OR THE THIRD PARTY TRANSPORTATION PROVIDERS.

THE COMPANY IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICE OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE APPLICATION.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY WHICH YOU MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE THIRD PARTY TRANSPORTATION PROVIDERS’ SERVICES, MATTERS RELATING TO THIRD PARTY TRANSPORTATION PROVIDERS, OR THE PROCESS OF TRANSPORTATION BY REASON OF YOU USING THE SERVICE IN YOUR CAPACITY AS A PASSENGER.

  1. Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. 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 the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

  1. Assignment

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

  1. General

This Agreement 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 the Terms of Use or the Service shall be referred to the Indonesia National Board of Arbitration (Badan Arbitrase Nasional Indonesia or “BANI”), in accordance with the Rules of BANI as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of BANI in accordance with the Rules.

The seat and venue of the arbitration shall be Jakarta, in the English language and the fees of the Arbitrator shall be borne equally by the parties, 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.

Each of the parties hereby agrees that in accordance with Article 60 of Law No. 30 of 1999 (“Arbitration Law”), the award shall be final and binding upon the parties and, consequently neither of the parties shall have any right to appeal the arbitration award. The parties also expressly agree to waive Article 48.1 and 73(b) of the Arbitration Law so that the mandate of the Arbitrator duly constituted in accordance with the terms of this Terms of Use shall remain in effect until a final arbitration award has been issued by the Arbitrator.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement. The Company and You expressly waive Article 1266 of the Indonesian Civil Code to the extent necessary to effect termination of this Terms of Use without the need for a court decision.

The Company is a licensee of GrabTaxi Holdings Pte Ltd (Company No. 201316157E and having its registered address at 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) for the Application.

Terms of Use for Indonesia GrabFood Customers

Last modified: 6 September 2018

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and PT Solusi Transportasi Indonesia (“STI”) and PT Solusi Pengiriman Indonesia (“SPI”) (STI and SPI collectively referred to as the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking delivery services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at http://www.grab.com or through the Application.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.grab.com. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at http://www.grab.com.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES AND THE COMPANY IS NOT A TRANSPORTATION OR DELIVERY SERVICE PROVIDER. IT IS UP TO THE THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE PROVIDERS TO OFFER TRANSPORTATION AND/OR DELIVERY SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION AND/OR DELIVERY SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE TRANSPORTATION AND/OR DELIVERY SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION OR DELIVERY SERVICE PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY TRANSPORTATION OR DELIVERY SERVICE PROVIDER AND/OR ANY TRANSPORTATION OR DELIVERY SERVICES PROVIDED TO YOU.

  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent
    purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance,
    inconvenience or make fake bookings;
  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
  • You shall not contact the third party transportation and/or delivery services provider for purposes other than the Service;
  • You will not impair the proper operation of the network;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation or delivery services provider;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account may be registered on one (1) device;
  • You agree to 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 the term of this Agreement. You agree that the Company 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, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers or customers;
  • You are aware that when requesting transportation and/or delivery services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

You warrant that you are either the owner or the authorized representative of the owner of the parcel, and is authorised to accept and is accepting these Conditions for himself and as representative for and on behalf of the owner of the parcel.

You are responsible for ensuring that RECEIVER NAME, CONTACT and DELIVERY ADDRESS are included accurately into the “Notes to Driver” column and on the parcel. The Company shall not be liable in the event of late or non-delivery of the parcel by reason of erroneous delivery details as aforesaid.

You are to ensure that a DESCRIPTION of the parcel is to be included into the “Notes to Driver” column. The User warrants that the description and particulars of the parcels are complete, accurate and correct. Before the delivery commences, the User shall inform the third party transportation and/or delivery services provider of any specific precaution which should be applied to the handling of the parcels in accordance with their nature.

You warrant that you are complying with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the parcels and that the parcels are not in any manner or condition prohibited by law or is dangerous, hazardous, highly perishable, inflammable, contains explosive, corrosive and/or radioactive or that it is a restricted article as defined by the ASEAN Framework Agreement on the Facilitation of parcels in Transit (Protocol 9) (http://www.asean.org/news/item/protocol-dangerous-parcels); or by any applicable government department and other relevant organization.

You further warrant that your parcel does not contain any counterfeit goods, animals (whether live or otherwise), bullion, currencies of any denominations, tax stickers, bearer forms of any negotiable instruments, precious metals and stones, real or imitation weapons including firearms or part thereof, explosives, ammunition, human remains or body parts, pornographic materials and illicit drugs or narcotics.

The Company has the right to open and inspect a parcel without notice on the basis of suspicion that the parcel may contain any prohibited parcels and hereby reserves the right to reject acceptance and delivery of any parcels which in its opinion cannot be carried safely or legally.

You warrant that the parcel does not contain cash, cash equivalent or any valuable parcels valued more than IDR 2,000,000 (Two Million Rupiah).

Except where the third party transportation and/or delivery services provider has agreed in writing to pack the parcels, you warrant that the parcels have been packed by yourself personally, are properly and sufficiently prepared, packed, stowed and marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the parcels and the characteristics of the parcels.

You shall solely be liable for demurrage or loss, damage, contamination, soiling or detention, before, or after the delivery of the parcel (including but not limited to Containers) or any person referred to herein caused directly or indirectly by you or any person acting as servants, representatives or independent contractors for or on behalf of either of them.

The third party transportation and/or delivery services provider retains the right to refuse delivery, for example, if the item is not packed well, above 5kg or larger than 32x25x12cm.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, the Company or any third party as a result of any breach of the Terms of Use.

  1. Payment
  • You may choose to pay for the transportation services by cash and where available, by credit card and or debit card (“Card”).
  • In the event that you choose to pay for the transportation services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the transportation services.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. 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 Card.
  • In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
  • When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing. This will automatically be added to the transportation fee at the end of each journey and given to the third party transportation provider unless you choose to override it with a different tip amount or to remove the tip.
  • Once you have completed a journey using the Service, you are required to make payment in full to the third party transportation provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third party transportation provider directly.
  • The Company has the right to suspend or make unable the use of Card or limit the use of Card in the event there is any interruption in any transaction which may cause rejection or chargeback from any financial institution OR where the Company reasonably believes that the Card has been used for any transaction which may be considered as any fraudulent, illegal or involving criminal activity.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
  • You shall be responsible to resolve any disputes with your Card company on your own.
  1. OVO Credits
  • You may purchase credits (“OVO Credits”) which may be used to pay for the transportation services. The maximum amount of OVO Credits that you can hold at any time is IDR2,000,000 (two million Rupiah), unless you have registered (pursuant to prevailing laws and regulations) which allows you to have maximum OVO Credits of IDR10,000,000 (ten million Rupiah).
  • OVO Credits service is operated by PT Visionet Internasional (“OVO”), which has obtained permit to be electronic money issuer from Bank Indonesia, and therefore by using OVO service you have agreed to be subject to the terms and conditions of the provision of electronic money service by OVO (https://www.ovo.id/tnc).
  • You may choose to purchase OVO Credits through any of the methods as may be made available in the Application from time to time. Selecting a particular payment method means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
  • You should ensure that you have sufficient OVO Credits to pay for the transportation services. If you have insufficient credit balance to pay for the transportation services, you may purchase additional OVO Credits so that you may complete your payment for the transportation services.
  • You may check your OVO Credits balance in the Application. The OVO Credits balance set out in the Application shall serve as a conclusive evidence of your OVO Credits balance.
  1. GrabRewards Loyalty Program

Membership

  • By using the Application, you will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by the Company and/or its Affiliates (“GrabRewards Loyalty Programme”).
  • As a member of the GrabRewards Loyalty Programme, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by the Company and/or third party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”).

Earning Points

  • The Company may, at its sole and absolute discretion, award you points (“Points”) which can be used to redeem for Rewards upon the completion of GrabFood qualifying transportation services booked via the Application in Indonesia.
  • The Company may at its sole and absolute discretion, issue you 1 Point for every Rp.10,000 that you spend on qualifying GrabFood transportation services in Indonesia (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying GrabFood transportation services excluded). For instance, if your GrabFood ride costs Rp.100,000 and you received a Rp.50,000 discount, the Company, may at its sole and absolute discretion, issue you 5 Points on the Rp.50,000.
  • The Points are calculated on a per transaction basis and rounded up to the nearest whole number if the decimal more or equal to 0.5 Points, and down to the nearest whole number if the decimal is equal or less than 0.5 Points. For instance, if you spent Rp.24,000 on a GrabFood ride, the Company, may at its sole and absolute discretion, issue you 2 Points but if you spent Rp.25,000 on a GrabFood ride, the Company, may at its sole and absolute discretion issue you 3 Points.
  • For actual spending that results in decimals less than 1 Point, the Company, may at its sole and absolute discretion, issue you 1 Point. For instance, if your GrabFood ride costs Rp.9,000 and you received a Rp.1,000 discount, the Company, may at its sole and absolute discretion, issue you 1 Point on the Rp.8,000 that you actually paid.

The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.

Points Validity

  • Points earned:
  1. between 1 January to 30 June in a calendar year are valid until 31 December of that calendar year; and
  2. between 1 July to 31 December in a calendar year are valid until 30 June of the next calendar year.
  • You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. The Company shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion You agree that you will have no claim whatsoever against the Company for any expired Points.
  • Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

Redemption of Rewards

  • If you comply with all these terms and conditions and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of the Company or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
  • 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 the Company for any expired e-vouchers.
  • Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
  • The Company may at its sole and absolute discretion reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.
  • You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.

Membership Tiers

  • The GrabRewards Loyalty Programme offers four (4) membership tiers as follows:
  1. an entry membership tier known as “Member”;
  2. a basic membership tier known as “Silver”;
  3. a mid membership tier known as “Gold”; and
  4. a premier membership tier known as “Platinum”.
  • The number of Points required to upgrade or renew the tiered membership is set out below:

Membership Tier

Requisite Points to be earned between 1 January to 30 June

or 1 July to 31 December in a calendar year

a. Member

0

b. Silver

500

c. Gold

1500

d. Platinum

3000

  • Points earned between 1 January to 30 June in a calendar year shall qualify you for the applicable membership tier from 1 July to 31 December of that calendar year.
  • Points earned between 1 July to 31 December in a calendar year shall qualify you for the applicable membership tier from 1 January to 30 June of the next calendar year.
  • Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.
  • The benefits and privileges of each membership tier shall be as set out from time to time in the Application.

Cessation of Membership

  • If you do not wish to be a member of the GrabRewards Loyalty Programme, you may do so by opting out though the Application.
  • You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone.
  • Upon your cessation to be a member of the GrabRewards Loyalty Programme, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
  • Fraud or abuse of redemptions may result in the forfeiture of accumulated Points as well as cancellation of your membership in the GrabRewards Loyalty Programme.

General

  • To the extent as permitted by applicable laws, the Company reserves the right at any time to:
  1. vary, modify or amend the terms and conditions of the GrabRewards Loyalty Programme (including adding or deleting any terms);
  2. terminate or modify the GrabRewards Loyalty Programme;
  3. revoke, adjust and/or recalculate any Points awarded;
  4. change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
  5. change the number of Points that can be earned on spendings on qualifying transportation services;
  6. modify the qualifications and eligibility for earning Points;
  7. modify the activities that earn Points;
  8. modify the methods used to calculate the number of Points to be awarded;
  9. withhold or cease the awarding of Points to you;
  10. modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
  11. change or withdraw any benefits related to a particular membership tier;

without prior notice to you and at its sole discretion.

  • The Company may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
  • You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.
  1. Rating from Third Party Transportation Service Provider
  • Third party transportation and/or delivery service provider has the rights to rate you as the user of the Service or user who book the Service (User). Each rating shall be based on, including but not limited to, behaviours of the User, before, during or after the trip is completed.
  • Each rating shall be automatically input to the Company’s system, and you agree that the Company may analyse all collected ratings, and has the rights to take all necessary actions including to suspend you from using the Service without notification.
  1. Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company 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 supplied under this Agreement.

  1. License Grant & Restrictions

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an 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, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

  1. Intellectual Property Ownership

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application 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 Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

  1. Confidentiality

You shall maintain in confidence all information and data relating to the Company, 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 the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

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

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission of you;
  • was received from a third-party having the right to disclose it; or
  • is required to be disclosed by law.
  1. Personal Data Protection

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):

  • To perform the Company’s obligations in respect of any contract entered with you;
  • To provide you with any services pursuant to the Terms of Use herein;
  • To process your participation in any events, promotions, activities, focus groups, research
    studies, contests, promotions, polls, surveys or any productions and to communicate with you
    regarding your attendance thereto;
  • Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
  • To validate and/or process payments pursuant to the Terms of Use herein;
  • To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet
    your needs;
  • To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
  • To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
  • To respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
  • To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
  • To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

  1. Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.grab.com. You agree and allow the Company 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. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

  1. Repair or Cleaning Fees

You shall be responsible for the cost of repair for any damage to or necessary cleaning of the third party service provider’s vehicle as a result of your misuse of the Service or in breach of the Terms of Use herein. The Company reserves the right to facilitate payment for reasonable cost of such repair or cleaning on behalf of the third party service provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the third party service provider has been verified by the Company.

  1. Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation and/or delivery services providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation and/or delivery services providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application or (e) your use or misuse of Rewards or your membership under the GrabRewards Loyalty Programme, including if you commit any fraud or misrepresent any information supplied.

  1. Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION, THE SOFTWARE AND/OR REWARDS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE AND/OR REWARDS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, REWARDS OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDER. THE SERVICE AND REWARDS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES AND/OR REWARDS, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION, DELIVERY OR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE AND/OR THE REDEMPTION, SUPPLY OR USE OF REWARDS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION, DELIVERY OR OTHER SERVICES AND PRODUCTS REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

  1. Internet Delays

THE SERVICE, THE 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 AND/OR DELIVERY SERVICES PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

  1. Limitation of Liability

ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT 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. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY 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 FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE APPLICATION, THE SOFTWARE, AND/OR THE GRABREWARDS LOYALTY PROGRAMME INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION, THE SOFTWARE, AND/OR THE GRABREWARDS LOYALTY PROGRAMME, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH THE COMPANY, THE COMPANY CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE, THE APPLICATION AND/OR THE GRABREWARDS LOYALTY PROGRAMME (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, YOUR PARTICIPATION OR MEMBERSHIP IN THE GRABREWARDS LOYALTY PROGRAMME OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, AND/OR DELIVERY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE, THE APPLICATION AND/OR THE GRABREWARDS LOYALTY PROGRAMME.

THE QUALITY OF THE THIRD PARTY TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY TRANSPORTATION PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, 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.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, COSTS OR EXPENSES INCURRED, SUFFERED OR SUSTAINED BY YOU ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE GRABREWARDS LOYALTY PROGRAMME, INCLUDING WITHOUT LIMITATION:

  • ANY FAILURE OR REFUSAL BY ANY THIRD PARTY MERCHANTS IN ACCEPTING THE POINTS FOR REDEMPTION OR REWARDS REDEEMED;
  • ANY LOSS OF DATA AND RECORDS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE THIRD PARTY MERCHANTS PROVIDING THE REWARDS;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME; AND
  • ANY LOSS OF VALUE OR BENEFIT THAT MAY ARISE AS A RESULT OF ANY CHANGES MADE TO THE GRABREWARDS LOYALTY PROGRAMME.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY OR DELAY OF YOUR JOURNEY FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, UNFORESEEABLE TRAFFIC CONDITIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.

THE COMPANY PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS TECHNOLOGY, APPLICATIONS, OR CUSTOMER SERVICE WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, OR QUALITY OF THE DELIVERY SERVICES, APPLICATION OR THE THIRD PARTY TRANSPORTATION PROVIDERS.

THE COMPANY IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICE OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE APPLICATION.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY WHICH YOU MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE THIRD PARTY TRANSPORTATION PROVIDERS’ SERVICES, MATTERS RELATING TO THIRD PARTY TRANSPORTATION PROVIDERS, OR THE PROCESS OF TRANSPORTATION BY REASON OF YOU USING THE SERVICE IN YOUR CAPACITY AS A PASSENGER.

  1. Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. 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 the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

  1. Assignment

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

  1. General

This Agreement 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 the Terms of Use or the Service shall be referred to the Indonesia National Board of Arbitration (Badan Arbitrase Nasional Indonesia or “BANI”), in accordance with the Rules of BANI as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of BANI in accordance with the Rules.

The seat and venue of the arbitration shall be Jakarta, in the English language and the fees of the Arbitrator shall be borne equally by the parties, 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.

Each of the parties hereby agrees that in accordance with Article 60 of Law No. 30 of 1999 (“Arbitration Law”), the award shall be final and binding upon the parties and, consequently neither of the parties shall have any right to appeal the arbitration award. The parties also expressly agree to waive Article 48.1 and 73(b) of the Arbitration Law so that the mandate of the Arbitrator duly constituted in accordance with the terms of this Terms of Use shall remain in effect until a final arbitration award has been issued by the Arbitrator.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement. The Company and You expressly waive Article 1266 of the Indonesian Civil Code to the extent necessary to effect termination of this Terms of Use without the need for a court decision.

The Company is a licensee of GrabTaxi Holdings Pte Ltd (Company No. 201316157E and having its registered address at 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) for the Application.

TERMS OF USE OF GRABFRESH SERVICES FOR CUSTOMERS

Last modified: 20 July 2018

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use (as defined below). You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and PT SOLUSI TRANSPORTASI INDONESIA and PT SOLUSI PENGIRIMAN INDONESIA (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (the “Software”) which overall purpose is to enable persons seeking, inter alia, the purchase and the delivery service of the Goods (as defined below) to certain destinations to be matched with independent third party delivery service providers (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at www.grab.com/id/terms or through the Application.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to because a user on the Application by providing registration data while registering on the Application. The term “We”, “Us”, and/or “Our” shall mean the Company.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective after five (5) calendar days upon the posting of an updated version at  www.grab.com/id/terms. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes’ effectiveness, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at www.grab.com.

THE COMPANY IS LICENSE HOLDER OF THE APPLICATION AND/OR SOFTWARE AND THE HOLDER OF COURIER LICENSE THAT DOES NOT PROVIDE GOODS AND/OR TRANSPORTATION SERVICES. THE COMPANY IS NOT A FAST MOVING CONSUMER GOODS (including but not limited to any food and beverages (either cooked, frozen, ready-to-consume, or instant), fruits, vegetables, daily households supplies (e.g.: toiletries, home cleaning supplies, etc.), hereinafter shall be referred to as “GOODS”) MERCHANT OR TRANSPORTATION SERVICE PROVIDER. THE SERVICE OF THE COMPANY IS TO LINK THE INDEPENDENT THIRD-PARTY PRODUCT DELIVERY SERVICE PROVIDERS (FOR THE SPECIFIC PURPOSES OF THIS AGREEMENT, THE INDEPENDENT CONTRACTOR OF THE COMPANY WHICH PROVIDES GOODS’ DELIVERY SERVICES, HEREINAFTER MAY BE REFERRED TO AS “DELIVERY SERVICE PROVIDER”) WITH APPLICATION USERS AND FAST MOVING CONSUMER GOODS (“PRODUCTS”) WHETHER MERCHANTS, RESELLERS OR OTHER PLATFORM PROVIDERS AVAILABLE ON OUR APPLICATION (“MERCHANT”).

IT IS UP TO EACH DELIVERY SERVICE PROVIDER TO OFFER AND PROVIDE DELIVERY SERVICES TO YOU. THE MERCHANTS ALSO OPERATE INDEPENDENTLY OF THE COMPANY WITH ITS OWN FLEET OF DELIVERY SERVICE PROVIDER. THE SERVICE OF THE COMPANY DOES NOT NOR IS IT INTENDED TO PROVIDE FAST MOVING CONSUMER GOODS AND/OR DELIVERY SERVICES. THERE WILL BE NO ACT OF THE COMPANY THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A MERCHANT OR DELIVERY SERVICE PROVIDER. THE INDEPENDENT THIRD-PARTY DELIVERY SERVICE PROVIDERS AND THE MERCHANT’S OWN FLEET OF DELIVERY SERVICE PROVIDER SHALL PROVIDE THE DELIVERY SERVICE OF THE PRODUCTS. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY DELIVERY SERVICE PROVIDER OR MERCHANT. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE MERCHANT’S FOOD PREPARATION, FOOD HYGIENE, SAFETY AND QUALITY OF THE FAST MOVING CONSUMER GOODS AND THE COMPANY DOES NOT VERIFY ANY MERCHANT’S COMPLIANCE WITH APPLICABLE LAWS OR FOOD HYGIENE AND SAFETY REGULATIONS.

  1. REPRESENTATIONS AND WARRANTIES

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship including but not limited to the requirement of minimum age of 21 for the purchase of alcohol and tobacco products. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the Alternate Country.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Service, the Application and/or the Software for sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Service, the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings and/or orders;
  • You will not use the Application and/or the Software for purposes other than obtaining the Service;
  • You will not use the Service, or any content accessible through the Service, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, Application user or Delivery Service Provider, unless the Company has given you specific consent to do so in writing;
  • You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Service except for your personal, non-commercial use;
  • You will not copy any content displayed through the Service and/or the Application, including but not limited to Merchants’ menu content and reviews, for republication in any format or media;
  • You shall not contact the third party transportation provider and/or Delivery Service Provider for purposes other than the Service;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the Delivery Service Provider;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell either the Software or Service to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You agree to 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 the term of this Agreement. You agree that the Company 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, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing customers;
  • You are aware that when requesting the Services or use of the Service, standard telecommunication charges will apply;
  • You shall not cause a nuisance or behave in an inappropriate or disrespectful manner towards the Company or the third party transportation provider and/or Delivery Service Provider regardless of any misgivings that you may have against the Company or the Delivery Service Provider;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

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

After the delivery of the Products, 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 as servant, representative or independent contractor for or on behalf of you.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Delivery Service Provider, the Merchant, the Company or any third party as a result of any breach of the Terms of Use.

  1. ORDERS

The Application allows you to place orders for the Products from Merchants through mobile web view to Merchant’s website, such orders to be delivered to you by Delivery Service Providers, subject to the terms and conditions set out herein.

The Company does not own, sell or resell any Products and does not control the Merchants, the Delivery Service Providers or any services provided by them. You understand that any order that you place shall be subject to the product availability and delivery location serviceability of the Merchants and the Delivery Service Providers.

As a general rule, all order and delivery bookings placed on the Application are treated as confirmed. However, upon your successful completion of a booking, the Merchant and/or the Delivery Service Provider may call 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, any change in price of the order, and/or the estimated delivery time. For avoidance of doubt, the Company is not involved in and will not be responsible for any separate arrangement between you and the Merchant and/or Delivery Service Provider regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.

The Company, Merchant and Delivery Service Provider reserve the right to not process your order in the event: (i) you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, or (ii) the total volume of the Goods exceeds the size of 32x25x12 cm3, then, in such event, the provisions relating to cancellation below shall be applicable.

The prices of the Products reflected in the Application are determined solely by the Merchant and are listed for information only.

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

The Merchant shall be solely responsible for any warranty in relation to, and quality of, the Products sold to you and in no event shall the foregoing be the responsibility of the Company.

  1. ORDER CANCELLATION

As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same.

If you cancel your order after it has been confirmed, you remain liable to pay the delivery fee regardless of whether the Products have been prepared by the Merchant.

You remain liable to pay the order value in full where (i) cancellation is made by you after the Merchant starts picking the Products ordered by you or (ii) you are not present or do not show up at the designated delivery location or (iii) you are unreachable physically or uncontactable after 10 minutes from the time that the Delivery Service Provider arrives at the designated delivery location.

The Company, Merchant and Delivery Service Provider will have the right to not proceed with your order in the following circumstances:

  • where the requested delivery location falls outside the delivery zone offered on the Application;
  • failure to contact you by phone or other means at the time of confirming the order booking;
  • failure to deliver your order due to lack of information, direction or authorisation from you at the time of delivery; or
  • unavailability of all the items ordered by you at the time of order.
  1. PAYMENT
  • You shall pay for the Products by cash or cashless method(s) such as but not limited to credit card or debit card (“Card”) where and when made available, via OVO.
  • In the event that you choose to pay for the Products by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the Products.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. 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 Card.
  • In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
  • When you register for the Service, you may have the option to pre-set a default “tip” amount of your choosing, in order to give a tip to the Merchant and/or Delivery Service Provider. This will automatically be added to the Products Order and/or delivery fee at the end of each delivery trip and given to the Merchant and/or Delivery Service Provider unless you choose to override it with a different tip amount or to remove the tip.
  • Once the delivery to you has been completed, you are required to make cash payment in full for the Products Order and delivery or by credit card, or OVO where your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the Products and/or delivery service provided, then that dispute must be taken up with the Merchant and/or Delivery Service Provider directly.
  • The Company reserves the right to suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where the Company reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
  • You shall be responsible to resolve any disputes with your Card company on your own.
  1. OVO CREDITS
  • You may purchase credits (“OVO Credits”) which may be used to pay for the transportation services. The maximum amount of OVO Credits that you can hold at any time is IDR2,000,000 (two million Rupiah), unless you have registered (pursuant to prevailing laws and regulations) which allows you to have maximum OVO Credits of IDR10,000,000 (ten million Rupiah).
  • OVO Credits service is operated by PT Visionet Internasional (“OVO”), which has obtained permit to be electronic money issuer from Bank Indonesia, and therefore by using OVO service you have agreed to be subject to the terms and conditions of the provision of electronic money service by OVO (https://www.ovo.id/tnc).
  • You may choose to purchase OVO Credits through any of the methods as may be made available in the Application from time to time. Selecting a particular payment method means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
  • You should ensure that you have sufficient OVO Credits to pay for the transportation services. If you have insufficient credit balance to pay for the transportation services, you may purchase additional OVO Credits so that you may complete your payment for the transportation services.
  • You may check your OVO Credits balance in the Application. The OVO Credits balance set out in the Application shall serve as a conclusive evidence of your OVO Credits balance.
  1. GRABREWARDS LOYALTY PROGRAMME

You will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by the Company and/or its Affiliates (“GrabRewards Loyalty Programme”), and agree to be bound by the Grab Indonesia Terms of Use thereof, and the terms and conditions of OVO under https://www.ovo.id/tnc.

  1. TAXES

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company 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 supplied under this Agreement.

  1. 8. LICENSE GRANT & RESTRICTIONS

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software; (v) launch an 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, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software; (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity or (vii) engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

  1. 9. INTELLECTUAL PROPERTY OWNERSHIP

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application 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 Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the Merchants’ and Delivery Service Providers’ names, logos and images and the product names associated with the Software and/or the Application are trademarks or otherwise subject to intellectual property rights of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

  1. CONFIDENTIALITY

You shall maintain in confidence all information and data relating to the Company, 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 the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose.

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

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission of you;
  • was received from a third-party having the right to disclose it; or
  • is required to be disclosed by law.
  1. DATA PRIVACY & PERSONAL DATA PROTECTION POLICY

You agree and consent to the Company collecting, using, disclosing and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company by any means and/or any information about you that has been or may be collected, stored, used and processed by the Company.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may collect, use, disclose and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purposes”):

  • to perform the Company’s obligations in respect of any contract entered with you;
  • to provide you with any services pursuant to the Terms of Use herein;
  • process, manage or verify your application for the Service pursuant to the Terms of Use herein;
  • to validate and/or process payments pursuant to the Terms of Use herein;
  • to process any refunds, rebates and or charges pursuant to the Terms of Use herein;
  • to facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
  • to develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
  • for internal administrative purposes, such as auditing, data analysis, database records;
  • for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in the Republic of Indonesia, Alternate Country, or overseas);
  • for the Company to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in the Republic of Indonesia, Alternate Country, or overseas including disclosing such Personal Data to the Republic of Indonesia, Alternate Country and overseas, including law enforcement agencies or courts);
  • to respond to questions, comments and feedback from you; and
  • in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data.

In addition to the above, the Company may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):

  • to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
  • to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
  • to notify and invite you to events or activities organized by the Company, its partners, advertisers, and or sponsors; and/or
  • to share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Marketing Purposes, please notify the Company at the following email address: support.id@grab.com

If any of the Personal Data that you have provided to us changes, for example, if you change your email address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications for Marketing Purposes, please update your details by sending your request to the support contact details at the following email address: support.sg@grab.com

The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

The Company is committed to full compliance with the provisions of the Personal Data Protection as stipulated in the applicable laws and regulation, including but not limited to the Law Number 11 of 2008 on Electronic Information and Transaction, including all of its amendment, derivatives, and implementing regulation and also all laws and regulation which may be issued after the effective date of this Term of Use in relation with the Purposes and Marketing Purposes herein and has appointed a Personal Data Protection Officer for these purposes. Such officer may be communicated with in writing at the above email address.

  1. THIRD PARTY INTERACTIONS

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain Merchant and/or Delivery Service Provider may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.grab.com. You agree and allow the Company 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. You agree that it is your responsibility to take all precautions in all actions and interactions with any Merchant, third party transportation provider, Delivery Service Provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

  1. INDEMNIFICATION

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation and/or delivery service providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including any merchant, or third party transportation and/or delivery service providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application.

  1. DISCLAIMER OF WARRANTIES

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE 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, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE, BICYCLE OR MOBILITY DEVICE USED BY THE THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO MERCHANTS’ PRODUCTS, THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES OR OTHER PRODUCTS AND SERVICES OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO MERCHANTS’ PRODUCTS, THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES OR OTHER PRODUCTS AND SERVICES REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

  1. 15. INTERNET DELAYS

THE SERVICE, THE 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 MERCHANT OR THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

  1. LIMITATION OF LIABILITY

ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT 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. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY 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 LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, 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 THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH THE COMPANY, THE COMPANY CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE 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 THE COMPANY 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 AND/OR DELIVERY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.

THE QUALITY OF PRODUCTS AND THIRD PARTY TRANSPORTATIPN AND/OR DELIVERY SERVICES ORDERED OR SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH PRODUCTS, TRANSPORTATION AND/OR DELIVERY SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO PRODUCTS, TRANSPORTATION OR DELIVERY THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

  1. NOTICE

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. 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 the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

  1. ASSIGNMENT

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

  1. GENERAL

This Agreement shall be governed by Indonesia 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 the Terms of Use or the Service shall be settled through arbitration which shall be referred to Indonesia National Board of Arbitration (Badan Arbitrase Nasional Indonesia or “BANI”), in accordance with the Rules of the BANI as modified or amended from time to time (the “BANI Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of BANI in accordance with the applicable BANI Rules when the dispute arises.

The seat and venue of the arbitration shall be Jakarta, in the English language and the fees of the Arbitrator shall be borne equally by the parties, 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.

Each of the parties hereby agrees that in accordance with Article 60 of Law No. 30 of 1999 (“Arbitration Law”), the award shall be final and binding upon the parties and, consequently neither of the parties shall have any right to appeal the arbitration award. The parties also expressly agree to waive Article 48.1 and 73(b) of the Arbitration Law so that the mandate of the Arbitrator duly constituted in accordance with the terms of this Terms of Use shall remain in effect until a final arbitration award has been issued by the Arbitrator.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from any third party service provider under this Agreement. The Company and You expressly waive Article 1266 of the Indonesian Civil Code to the extent necessary to effect termination of this Terms of Use without the need for a court decision.

The Company is a licensee of GrabTaxi Holdings Pte Ltd (Company No. 201316157E and having its registered address at 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) for the Application.