Terms of Service: Transport, Delivery and Logistics

Last modified: 31 Oct 2019

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Section B – Additional Terms

Grab for Business

1.1 Provision of Services

1.1.1 Access to Services:

This section applies to you if you are a corporate User (“Corporate User”) and sets out the terms under which you may utilise the Grab for Business Portal (“Portal”) in conjunction with the Solutions accessed by you or your authorised Users (“Authorised User”) through the Application or the Platform. You and your Authorised Users’ use of the Application and Solutions are subject to the applicable terms in these Terms of Use. The Terms of Use and this section apply to you upon your completion of the account sign-up page on https://www.business.grab.com, and constitute a binding agreement between you and Grab. In the event of any conflict in the terms under this section and the rest of these Terms of Use, the terms in this section shall prevail to the extent that such inconsistency relates to Grab for Business.

1.1.2 After verification and acceptance by Grab, Grab will establish a Corporate User Account for you in accordance to your preferred mode of payment of charges incurred by Authorised Users for the Solutions, be it (i)Corporate Billing (as defined below), (ii) reimbursement, or (iii) corporate credit card billing. Using your Corporate User Account, you may permit Authorised Users with an Active Account (as defined below) to pay for Solutions using Corporate Billing (as defined below). You acknowledge that Authorised Users employing Corporate Billing will be incurring User Charges to your Corporate User Account and not to the Authorised User’s personal account or credit card. You agree to pay all User Charges incurred under Corporate Billing, as well as any applicable fees incurred by Authorised Users in using the Solutions, in accordance with the terms and conditions herein. “Corporate Billing” means the enterprise billing and payment process for the Service provided by Grab or its Affiliates to you hereunder for User Charges, whereby you make payment at the agreed date via your designated payment method under the GrabPay Terms of Use, subject to a monthly statement made available by Grab to you on a monthly basis.

1.2 Active Account Required

1.2.2 You acknowledge and agree that before an Authorised User is authorised, and before the Authorised User can access the Grab for Business’s functionalities relating to the Service pursuant to this Agreement (“Proposed User”), such Proposed User must (i) download and install the Applicationon a compatible mobile device, (ii) register for and maintain an active personal user account (“Active Account“) until the Corporate User Account is terminated. The Proposed User’s registration requires the entry of personal data and may require a personal credit card number or any other payment method authorised by Grab. The Proposed User must also confirm the mobile number provided during the registration process. Grab’s use of any personal data and credit card or other authorised payment method information to establish an Active Account shall be as set forth in the Privacy Policy.

1.2.3 You acknowledge that certain Proposed or Authorised Users may be suspended or banned from use of the Service due to future or past violations of the Terms of Use, and that Grab shall have no obligation or liability related to a Proposed or Authorised User that is unable to obtain or maintain an Active Account for the purposes of Corporate Billing due to such violations.

1.3 User Account Linking

1.3.2 To enable Grab for Business features for a Proposed User with an Active Account, you shall provide Grab with (i) such Active Account holder’s full name, (ii) the Active Account holder’s company email address on the top level domain of Corporate User (e.g., name@companydomain.com), and (iii) other identifying information about the Active Account holder as reasonably requested by Grab (“Linking Data”). Grab will use the Linking Data provided for the purpose of authenticating the identified Active Account holder and linking such Active Account with the Grab for Business account to establish the Active Account holder as an Authorised User, and verifying the status of such Authorised User from time to time during the term of this Agreement. All Proposed Users invited to enable Grab for Business features will receive an email to the email address in the Linking Data with instructions for linking their individual Active Account with the Corporate User Account. Upon the linking of the Corporate User Account to an Active Account and where Corporate Billing applies, such Proposed User shall be provided the option, on a ride by ride basis, to apply User Charges to your Corporate User Account via the Corporate Billing option.

1.3.3 You acknowledge that the verification and linking described above will require Grab to contact each such Proposed User using the Linking Data, and by providing Linking Data, you confirm that you have obtained all necessary consents from each Proposed User for Grab to contact such Proposed User for the purpose of implementing the Grab for Business account in the applicable Active Account. You shall ensure that Linking Data provided to Grab is accurate and complete, and Grab shall not be liable to you, an Authorised User, a Proposed User or any other party with respect to inaccurate or incomplete Linking Data supplied by you.

1.3.4 You agree to (i) notify each Proposed User that by linking Proposed User’s personal Active Account with your Corporate User Account for Grab for Business that Grab will provide you with detailed trip/booking information for the rides or other bookings charged to your account, and (ii) obtain any necessary consent from each Authorised User for Grab to share detailed trip/booking information with you.

1.3.5 An Authorised User’s personal account may be unlinked from your account and the Corporate Billing option at any time by you unlinking the Authorised User through the Portal.

1.4 Responsibility for User Account Activity

You agree that (a) you are responsible for all User Charges incurred by Authorised Users on a then-current Authorised User list regardless of whether such User Charge was authorised between Authorised User and you and (b) User Charges may be subject to price changes at any time, including, without limitation, occasional increases during surge periods and other amounts as further described in the Terms of Use. Further, you agree that Grab shall not be responsible for User Charges incurred by an Authorised User after you have attempted removal of such Authorised User from the Corporate Billing option to the extent you provide incomplete or inaccurate Authorised User removal information via the Portal. Finally, as between you and Grab, you shall be responsible for the User Charges incurred due to fraudulent or other prohibited activity on the part of Authorised User’s use of Corporate Billing for the Service. You shall notify Grab promptly upon discovery of fraudulent or prohibited activity occurring under your account.

1.5 Restrictions

You agree to, and to cause all Authorised Users to, use the Service and Application solely as set forth in this Terms of Use. Grab reserves the right to suspend participation in Corporate Billing to you and/or any Authorised Users for violations of these Terms of Use. In the event that an Authorised User’s Active Account is suspended or terminated pursuant to these Terms of Use, such Authorised User’s access to Corporate Billing shall also be suspended. Corporate User shall not, and shall not authorise others to, (a) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Service or Application, except to the extent allowed by applicable law, (b) sublicense, lease, rent, sell, give, or otherwise transfer or provide the Service or Application to any unaffiliated third party, (c) upcharge, increase or otherwise modify the User Charges as calculated through the Application for any usage of the Service or (d) impose any additional fees or charges on an Authorised User related to use of the Service. Grab reserves all rights not expressly granted to you or Authorised Users under these Terms of Use.

1.6 Account Administration

1.6.2 Grab for Business Portal

You will be provided with access to the Portal. Grab’s primary contact with you shall be by way of your appointed administrator set forth on the account creation form associated with this Agreement (“Company Admin”). The Portal may enable you to (a) view a current list of all Proposed Users who have been invited, and Authorised Users who have been linked, (b) provide additional Linking Data to invite additional Proposed Users, (c) revoke any Authorised User’s access to Corporate Billing (d) view relevant trip/booking information as determined by Grab from time to time (“Portal Data“) and prepare and review activity reports using Portal Data, (e) disable all current Authorised Users from using Corporate Billing methods, (f) manage and update the Authorised Users on file, (g) view current, appoint new, and remove Company Admins . You agree to use Portal Data solely for legitimate business purposes including, but not limited to, business expense processing, accounting, and budgeting purposes. Grab reserves the right to add, remove and update features and functionality of the Grab for Business Portal at any time without any notice to you.

1.6.3 Administration

You may appoint additional Company Admins at your discretion, and Grab will provide the necessary Portal login credentials to you. You agree to (a) maintain all Portal login credentials in confidence, (b) only permit the lead Company Admin and your other authorised company administrators to access the Portal, and (c) update all information of the lead Company Admin and other authorised administrators to ensure that it is current, accurate, and complete. You shall limit access to Portal Data to only those personnel who have a legitimate business need to access such Portal Data. You shall be responsible for all activities that occur under your Portal login credentials including keeping and maintaining an accurate list of current Authorised Users entitled to access Corporate Billing methods via the Portal. Grab may review the current list of Authorised Users from time to time via the Portal to maintain and support the Application and Service and ensure compliance with the Terms of Use.

1.7 Fees and Payments

1.7.1 Fees

In consideration of the provision of the Solution and Platform provided by Grab, including Corporate Billing, Grab may charge a service or administration fee (the “Fees”) as determined by Grab from time to time. You shall pay to Grab all User Charges and the Fees on the terms set forth below.

1.7.2 Payment Terms

Subject to terms and conditions determined by Grab in its sole discretion, you will be able to access monthly reports (each, a “Monthly Report“) for User Charges incurred by Authorised Users utilising Corporate Billing during the preceding month (“Monthly Billing“). If you qualify for and elect to participate in Monthly Billing through the Portal, User Charges and Fees shall be billed to you monthly as set forth in the Monthly Report, and each such Monthly Report shall be payable in full by you within thirty (30) days from the date of such Monthly Report.

If you have not enabled Corporate Billing and instead you have opted for a reimbursement or corporate credit card method of payment, Grab shall charge the Authorised User for User Charges at the end of each Authorised User’s trip/booking on a per trip/booking charge basis via the payment methods selected by the Authorised User.

Fees

All Fees shall be exclusive of Value Added Tax (VAT). VAT includes Goods and Services Tax (GST) and/or similar sales taxes. If VAT is chargeable on any Fees, you shall pay the VAT amount to Grab when making payment of the Fees. Fees paid shall be paid free of any deduction for withholding tax (if applicable).

User Charges

Unless otherwise indicated on an Authorised User receipt, all payments made pursuant to this Terms of Use are exclusive of applicable taxes, and you agree to be responsible for the payment of any such taxes assessed on User Charges, including VAT. You agree to provide information that Grab may reasonably request in order for Grab to be able to comply with its tax reporting obligations including, but not limited to, your registered company name, billing address, tax number (where applicable) and any other evidence that Grab may require to show that you are a business conducting an economic activity. If you are participating in Monthly Billing, the Monthly Report will indicate Fees in the currency applicable to the place of incorporation only. If you are not participating in Monthly Billing, all payments shall be processed in the local currency applicable to the geography of the Authorised User’s applicable ride. All payments are non-refundable unless otherwise stated.

For the purpose of clarity, all payments shall be made by you to the Grab entity that is stated in the Grab for Business account sign-up page on https://www.business.grab.com (or if there is no such entity stated, Grabtaxi Pte Ltd and Grabcar Pte Ltd).

1.7.3 Nonpayment

Grab reserves the right to immediately suspend your account and suspend any or all Corporate Billing by all Authorised Users in the event of any unpaid User Charges and/or Fees by you due to past due Monthly Reports (as applicable), an invalid credit on your Corporate User Account, or a rejected transaction. Grab further reserves the right to pursue any and all remedies available to it under applicable law, including reporting you to applicable credit reporting agencies, in the event of any unpaid User Charges and/or Fees hereunder. Re-establishing your account after full payment of late User Charges and/or Fees shall be at Grab’s sole discretion. All late payments shall bear interest at 2% per month or the maximum allowed by applicable law.

1.8 Term and Termination

1.8.1 These terms shall apply from the date of your Corporate User Account creation and shall remain in effect until it is terminated.

1.8.2Either you or Grab may terminate this Agreement with or without cause upon 30 days’ advance written notice to the other party. All outstanding payment obligations and paragraphs 1.7 to 1.13 of this section shall survive such termination.

1.9 Warranties and Disclaimer of Liability

1.9.1 You represent and warrant that (a) you have the full right, power and authority to enter to this Agreement, and that (b) your acceptance of these Terms of Use and performance of your obligations herein do not and will not violate any other agreement which you are party to.

1.9.2 You further represent and warrant that: (a) you have all rights and permissions necessary to provide Grab with the Linking Data and any other information provided to Grab hereunder in connection with the Service and Corporate Billing; (b) you have obtained legally adequate consent from Proposed Users and Authorised Users as necessary to provide Grab with any personal data in connection with the Service and corporate payment methods including Corporate Billing, (c) you have notified, and obtained legally adequate consent from, Proposed Users and Authorised Users that Grab will provide you with detailed trip/booking information for the rides or other bookings charged to your account, and (d) you are in compliance, and shall remain in compliance during the term of this Agreement, with all applicable local, city, state, federal, national, and international laws, rules and regulations relating to data protection, privacy, identity theft, data breach, consumer protection, and data security, and any applicable industry standards relating to privacy and data security.

1.9.3 OTHER THAN WITH RESPECT TO A BREACH OF CONFIDENTIALITY OR DATA PRIVACY, (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF BUSINESS OR PROFITS, SUFFERED BY THE OTHER PARTY OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF GRAB OR CORPORATE USER (OR THEIR AGENTS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES IN AN AMOUNT EXCEEDING THE GREATER OF (I) TEN THOUSAND SINGAPORE DOLLARS (SGD10,000) (OR LOCAL CURRENCY EQUIVALENT THEREOF), AND (II) THE TOTAL FEES PAID OR PAYABLE BY YOU TO GRAB HEREUNDER.

1.10 Proprietary Rights

1.10.1 No Publicity

Neither party may use or reference the other party’s name, logo, trademarks or service marks in a press release or otherwise without the prior consent of such other party in each instance.

1.10.2 Ownership

Grab and its affiliate companies are and shall remain the owners of all right, title and interest in and to the Service, Application and Portal including any updates, enhancements and new versions thereof, and all related documentation and materials provided or available to you or any Proposed User or Authorised User in connection with these Terms of Use.

1.11 Force Majeure

Non-performance of either party of any obligations hereunder shall be excused to the extent and during the period that performance is rendered impossible by strike, fire, flood, earthquakes, governmental acts or orders or restrictions, failure of suppliers, or contractors, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.

1.12 Assignment

Notwithstanding anything contained in this Agreement, either party may assign this Agreement without the consent but with notice to the other party in connection with a merger or a sale of all of the equity or assets of said party. Subject to the foregoing, this Agreement shall be binding upon all successors and assigns of a party.

1.13 Legal Fees

In any legal proceedings between the parties, the prevailing party shall be entitled to reasonable attorney fees and all costs of proceedings incurred in enforcing this agreement.

2. GrabFood

2.1 For Users:

2.1.1 Depending on your location as determined by Grab, you may be able to place orders from food and beverage providers (“GrabFood Merchant”) through the Application and such orders to be delivered to you by independent third-party food delivery services providers (“Delivery Service Providers”). Grab does not own, sell or resell any food and beverage items and does not control the GrabFood 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 GrabFood Merchants and/or the Third Party Providers.

2.1.2 All food order and delivery bookings placed on the Application (“Food Order”) are treated as confirmed. You shall not be entitled to cancel your Food Order once you have received a confirmation. If you cancel your Food Order after it has been confirmed, you remain liable to pay the delivery fee in full regardless of whether the order has been prepared by the GrabFood Merchant.

2.1.3 Upon your successful completion of a Food Order, the GrabFood Merchants 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 or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Grab is not involved in and will not be responsible for any separate arrangement between you and the GrabFood Merchant and/or 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.

2.1.4 Upon delivery, you must pay the Delivery Service Provider the full amount of the Food Order purchase price in cash. You are advised to pay the exact amount as the Delivery Service Provider may not have change. The Delivery Service Provider may withhold the Food Order from you if you are unable to pay the purchase price upon delivery.

2.1.5 Grab, the GrabFood Merchant and/or Delivery Service Provider may not to process your Food Order in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered.

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

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

2.1.8 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the Food Order. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage item may be rounded and will be set out on the check out page for your Food Order. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account.

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

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

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

2.1.12 If applicable, by placing an order for alcohol from any GrabFood Merchants, you warrant you are at least eighteen (18) years old. Alcohol can only be sold and delivered to persons who are at least eighteen (18) years old as stipulated under the applicable laws and regulations. The GrabFood Delivery Service Providers will have the right to (i) request your ID for age verification, (ii) refuse to deliver or provide any alcoholic product to any person who at the time of delivery or collection of takeaway does not appear to be at least eighteen (18) years old or cannot prove that he/she is at least eighteen (18) years old or (iii) Any person who is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that Grab, the GrabFood Merchant, GrabFood Delivery Service Providers shall not be liable to make any refund for payment already made to you. In the event you are under eighteen (18) years old, you hereby agree the legal consequences will be at your own risk and responsibility, and agrees to release Grab, the GrabFood Merchant, GrabFood Delivery Service Providers from all claims, losses, damages and other liabilities, due to any action in attempting to deceive, manipulate, conceal Grab, the GrabFood Merchant, GrabFood Delivery Service Providers, in relation to the aforementioned minimum age limit.

2.2 For GrabFood Delivery Service Providers

2.2.1 After delivering each Food Order, you shall promptly deposit the full amounts collected from Users for that Food Order at the deposit locations or any other deposit locations as determined and notified by Grab to you from time to time

2.2.2 You agree that Grab has the right to claim from you any amounts which were collected from Users but not deposited at a deposited location within 24 hours of delivery of the Food Order. Grab shall have the right to claw any such amounts from your credit wallet or suspend or terminate you as Grab deems fit.

2.3 For GrabFood Merchants:

2.3.1 Remittance of payment

You agree that Grab shall act as the collection agent in respect of any payment from Users for Food Orders (“Meal Payments”) to you. Grab shall remit to you the Meal Payments amount less the Service Fee payable by you to Grab on a weekly basis, in accordance with the GrabFood Merchant Agreement between you and Grab.

2.3.2 Creation and Monitoring of Self-funded Campaign

You may be able to create a campaign via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign. In the course of such creation, you may be required to indicate information such as the type of promotion and the proposed duration for the promotion. The type of promotion which you may choose from in the Form may be varied from time to time at Grab’s sole discretion.

By creating the campaign using our tool(s) on the Application, you accept the following additional general conditions:

(a) Where you are submitting any information via our Application or otherwise to us on behalf of your employer, you warrant that you are duly authorized to bind your employer to make such offer.

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

(c) Your intention to conduct campaign via our Application must be genuine and must not be conducted in a manner which may be misleading to the end consumers or users. You shall indemnify us in the event where we incur any losses or damages pursuant to the campaign you created via our Application.

(d) Depending on the type of campaign elected by you, the way in which we may facilitate the campaign may differ. You agree that it is your responsibility to review any and all information made available by us on the Application for information on how each type of campaign be facilitated on our systems. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating any campaign using our Application. By creating a campaign using our Application, you irrevocably agree to the way in which the campaign will be facilitated automatically via our systems.

(e) You shall be responsible to directly handle any complaints or enquiries from end users/consumers in respect of the campaign.

(f) In the event where you would like to end a campaign earlier than the duration which you have specified in the Application or if any of the item under the campaign has become out of stock prior to the expiry of the said duration, you must immediately indicate the same via our Application in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the campaign and remain responsible to handle any enquiries or complaints from end users/consumers on the same.

(g) Notwithstanding any provision otherwise and in any event, the successful creation of the campaign using the Application does not indicate our approval that the campaign is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the campaign is, and will be conducted, in accordance with the applicable law.

(h) While we do not supervise or monitor the campaign created by you, we reserve the rights to (but are not obliged to) cancel the campaign created by you via the Application.

(i) We may make available to you information relating to the campaign creating using our Application, such information is considered as part of the content of the Application and is subject to Clause 11 below.

(j) You must pay any and all costs and expenses in connection with the campaign in the manner as we may specify.

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

(l) You agree that any discounted price payable to you by end users/consumers pursuant to the campaign you created may be rounded in accordance with our internal policies as we may update from time to time.

2.3.3 Submission of Content or Information

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

Via the Application, we may provide you with an option to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu). You acknowledge that any such content or information may be made available in real time to end customers via an application operated by us or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the end customers in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted by you to us (via the Application or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights.

2.3.4 Personal Data

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

2.3.5 Hyperlinks

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

2.3.6 Content of the Application

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

2.3.7 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT PREJUDICE TO THE OTHER PROVISION OF THESE TERMS OF USE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO (i) ONE HUNDRED SINGAPORE DOLLARS (SGD $100.00) or equivalent value in Myanmar Kyat, (ii) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (iii) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 12 MONTHS (IF ANY).

2.3.8 Termination

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

3. GrabBike, GrabThoneBane

3.1 For Users:

3.1.1 Depending on your pick-up location and/or drop-off point, you may be able to book the GrabBike (two-wheeled powered motorbike) and/or GrabThoneBane (three-wheeled powered motorbike) solutions on the Application.

3.1.2 You are prohibited from carrying items that are illegal or that are not in accordance with the applicable laws and regulations, including but not limited to weapons, illegal drugs or hazardous materials on a GrabBike or GrabThoneBane ride.

3.1.3 You shall not carry more than one backpack or a backpack that has dimensions of more than 56 x 36 x 20 cm on a GrabBike or GrabThoneBane ride.

3.1.4 You are responsible for your own safety. You agree to wear the necessary safety gear and appropriate clothing (including helmet, shoes) in order to mitigate/reduce any personal injury. You agree to use the helmet as provided by the Third Party Provider.

3.1.5 You shall not use GrabBike or GrabThoneBane to courier goods.

3.1.6 You agree that only one pillion passenger is allowed on GrabBike and GrabThoneBane rides. You shall not get on a GrabBike or GrabThoneBane if you are not the only pillion passenger.

3.1.7 You shall not smoke or drink any alcohol while on a GrabBike or GrabThoneBane ride.

3.2 For Third Party Providers:

3.2.1 You agree to obey all applicable laws and regulations (including those related to traffic, road safety and parking, as determined by Myanmar laws). In particular, you shall not park (or leave unattended or abandon) the GrabBike or GrabThoneBane motorbike in any area, space or manner that may contravene any applicable laws and or regulations, including parking: (i) in any private spaces (private property) or any public restricted areas; (ii) on public footways and public roads (iii) in a manner that obstructs entrances, exits, roads, paths.

3.2.2 You shall only provide GrabBike or GrabThoneBane rides within Mandalay or such other areas as Grab may permit from time to time.

3.2.3 You shall indemnify Grab for any traffic offences, breach of any applicable laws by you.

3.2.4 You shall only have one pillion passenger at any given time. You should cancel the User’s booking if there is more than one intended pillion passenger or if the User has more than one backpack or a backpack with dimensions exceeding than 56 x 36 x 20 cm.

3.2.5 You shall not carry, possess, distribute or deliver any goods, including illegal items, drugs or alcohol.

4. GrabMart

4.1 For GrabMart Users:

4.1.1 The Application allows you to place orders for goods made available for sale on the Application (“Goods”) from Merchants (“GrabMart Merchant”), such orders to be delivered to you by Third Party Providers. Grab does not own, sell or resell any goods and does not control the GrabMart Merchant, the Third Party Providers or any services provided by them. You understand that any order that you place shall be subject to the Goods availability and delivery location serviceability of the GrabMart Merchants and/or the Third Party Providers.

4.1.2 All Goods order and delivery bookings placed on the Application are treated as confirmed. You shall not be entitled to cancel your booking once you have received a confirmation. If you cancel your booking after it has been confirmed, you remain liable to pay the delivery fee in full regardless of whether the order has been prepared by the GrabMart Merchant.

4.1.3 Upon your successful completion of a booking, the GrabMart Merchants and/or the Third Party 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 or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Grab is not involved in and will not be responsible for any separate arrangement between you and the GrabMart Merchant and/or Third Party Provider regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.

4.1.4 Grab, the GrabMart Merchant and/or Third Party Provider may not to process your booking in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered.

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

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

4.1.7 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the booking. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage item may be rounded and will be set out on the check out page for your booking. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We willnot be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account.

4.1.8 The GrabMart Merchant shall be solely responsible for any warranty in relation to, and quality of, the Goods sold to you.

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

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

4.1.11 If applicable, by placing an order for alcohol/cigarettes from any GrabMart Merchants, you warrant you are at least eighteen (18) years old. Alcohol/cigarettes can only be sold and delivered to persons who are at least eighteen (18) years old as stipulated under the applicable laws and regulations. The GrabMart Third Party Provider will have the right to (i) request your ID for age verification, (ii) refuse to deliver or provide any alcoholic/cigarettes product to any person who at the time of delivery or collection of takeaway does not appear to be at least eighteen (18) years old old or cannot prove that he/she is at least eighteen (18) years old or (iii) Any person who is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that Grab, the GrabMart Merchant, GrabMart Third Party Provider shall not be liable to make any refund for payment already made to you. In the event you are below eighteen (18) years old, you hereby agree to the legal consequences which will be at your own risk and responsibility, and further agrees to release Grab, the GrabMart Merchant, GrabMart Third Party Provider, from all claims, losses, damages and other liabilities, due to any action in attempting to deceive, manipulate, conceal Grab, the GrabMart Merchant and GrabMart Third Party Provider, in relation to the aforementioned minimum age limit.

4.2 For GrabMart Third Party Providers:

4.2.1 You shall not accept any delivery item having size, dimensions or weight in excess of the below:

  • 32cm x 25cm x 12cm
  • 13 kg

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

4.2.3 You undertake to be cautious in dealing with the Goods and to use best endeavor to ensure that the Goods are delivered safely, in the exact manner to which it was handed over to you by the Merchant.

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

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

4.3For GrabMart Merchants

4.3 This section applies to the GrabMart Merchants (if applicable), and the terms in this Agreement are in addition to any other written agreement(s) entered into between you and Grab.

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

You may be able to create a campaign or participate in promotion(s) suggested by us via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign or promotion. In the course of such creation, you may be required to indicate information such as the type of promotion/campaign and the proposed duration for the promotion/campaign. The type of promotion/campaign which you may choose from in the Form may be varied from time to time at Grab’s sole discretion.

By creating the campaign or participating in any promotions using our tool(s) on the Application, you accept the following additional general conditions:

a) Where your employee(s) are submitting any information; making any offer to create a campaign, opting in or participating in any promotion suggested by us; or otherwise agreeing to provide funding for a campaign or promotion (via our Application or otherwise) to us, you warrant that your employee(s) have the authority to accept all the applicable terms on behalf of you as their employer. For the avoidance of doubt, any reference to ‘you’ in this Agreement shall also refer to your employee(s).

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

c) Your intention to conduct campaign(s) or participate in our promotion(s)via our Application must be genuine and must not be conducted in a manner which may be misleading to the end consumers or users. You shall indemnify us in the event where we incur any losses or damages pursuant to the campaign or promotion you created via our Application.

d) Depending on the type of promotion/campaign elected by you, the way in which we may facilitate the promotion/campaign may differ. You agree that it is your responsibility to review any and all information made available by us on the Application for information on how each type of promotion/campaign be facilitated on our systems. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating any campaign or participating in any promotion using our Application. By creating a campaign or participating in a campaign using our Application, you irrevocably agree to the way in which we will facilitate the campaign(s) or promotion(s).

e) You shall be responsible to directly handle any complaints or enquiries from end users/consumers in respect of the promotion/campaign.

f) In the event where you would like to end a promotion/campaign earlier than the duration which you have specified in the Application or if any of the item under the promotion/campaign has become out of stock prior to the expiry of the said duration, you must immediately indicate the same via our Application in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the promotion/campaign and remain responsible to handle any enquiries or complaints from end users/consumers on the same.

g) Notwithstanding any provision otherwise and in any event, the successful creation of the campaign or participation in our promotion using the Application does not indicate our approval that the promotion/campaign is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the promotion/campaign is, and will be conducted, in accordance with the applicable law.

h) While we do not supervise or monitor the campaign created by you or the promotion your participate in, we reserve the rights to (but are not obliged to) cancel the campaign or promotion.

i) We may make available to you information relating to the campaign or promotion, such information is considered as part of the content of the Application and is subject to Clause 4.3.6 below.

j) You agree to pay any and all costs and expenses in connection with any payment obligation to us (including for promo and/or campaign) in the manner as we may specify (including but not limited to deduct from your daily transaction in Grab Application, to pay for your outstanding obligation).

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

l) You agree that any discounted price payable to you by end users/consumers pursuant to the campaign you created may be rounded in accordance with our internal policies as we may update from time to time.

4.3.2. Submission of Content or Information

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

Via the Application, we may provide you with an option to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu). You acknowledge that any such content or information may be made available in real time to end customers via an application operated by us or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the end customers in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted by you to us (via the Application or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights.

4.3.3. Personal Data

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

4.3.4. Guarantee and Liability

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

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

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

4.3.5. Hyperlinks

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

4.3.6. Content of the Application

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

4.3.7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT PREJUDICE TO THE OTHER PROVISION OF THESE TERMS OF USE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LOWEST OF (i) ONE HUNDRED SINGAPORE DOLLARS (SGD $100.00) OR EQUIVALENT VALUE IN MYANMAR KYAT, (ii) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (iii) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 12 MONTHS (IF ANY).

4.3.8. Termination

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