These terms set forth the terms and conditions that apply to your use, order for or purchase of goods via the relevant tile on our GrabMerchant app (“Tile”), and your related interactions with us. By accessing the Tile and/or placing an order, you agree to be bound by these terms. If you or anyone you represent do not agree, please do not use the Tile. Notwithstanding any other provisions, where “you” are referred to in these terms, it includes both you, yourself and the merchant partner that you represent.
- Product Information and Orders
- Product Descriptions: We strive to ensure that all product descriptions, prices, and images are accurate. However, we do not warrant that product descriptions or other content on the Tile are complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition. Your use, order for or purchase of each product shall further be subject to the terms and conditions referred to in the product listing page.
- Pricing: All prices are listed in MYR and are subject to change without notice. The price charged will be the price in effect at the time your order is placed. Prices do not include shipping fees or any applicable taxes, which will be added to your total during checkout.
- Order Acceptance: All orders placed through our website are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to, product unavailability, errors in pricing or product information, or issues with your payment. We will notify you if your order is cancelled or if we cannot accept it.
- Payment and Billing
- Payment Methods: We accept the forms of payment as set out in the product checkout page. By providing us with your payment information and selecting a particular payment method, you represent and warrant that you are authorized to use the designated payment method.
- Billing Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- Shipping and Delivery
- Shipping Fees: Shipping costs will be calculated and displayed at checkout. These fees are non-refundable unless the item is returned due to our error.
- Delivery Times: We provide estimated delivery times, but these are not guaranteed. We are not liable for any delays in shipping. We will provide you with tracking information to monitor your delivery.
- Risk of Loss: The risk of loss and title for all items purchased from us pass to you upon our delivery to the shipping carrier. We are not responsible for any items lost or damaged during transit or in your possession.
- Returns and Refunds
- All sales are final. Save where otherwise specified in the product listing, we do not accept returns or offer refunds save in exceptional scenarios. Please carefully review your order before finalizing your purchase. By completing a purchase on this Tile, you acknowledge and agree that:
– You have read and understood this no returns and no refunds policy.
– You will not be entitled to a refund for any reason once your payment is processed.
– You waive any right to request a refund, exchange, or return for the products purchased.
– You are making the purchase on behalf of a business and not acting as a consumer.
For any product received that is damaged or defective, please contact our team within [e.g., 48 hours] of delivery to report the issue for our internal processing.
- Intellectual Property
All content on this Tile, including text, graphics, logos, images, and software, is the property of Grab or its content suppliers and is protected by intellectual property laws. You may not use, reproduce, or distribute any content from this Tile without our express written permission.
- Limitation of Liability
In no event shall Grab, its directors, employees, or affiliates be liable for any indirect, incidental, special, or consequential damages, including but not limited to, loss of profits, data, or goodwill, arising from your use of this Tile or the purchase of any products via the same. Our aggregate liability to you for any and all claims shall never exceed the total amount you paid for the product(s) in question.
- Governing Law and Jurisdiction
This Terms and Conditions shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Service or the Service shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Grab (the “Arbitrator”). If you and Grab are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by you and Grab, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
- Changes to Terms and Conditions
Our GrabMerchant App may enable connection to and data exchange with (“Pairing”) compatible hardware (“Paired Device”). You acknowledge and agree that successful Pairing may be subject to explicit authorization or performance of other acts by you on both the Paired Device and this GrabMerchant App, typically through a confirmation mechanism (including without limitation PIN entry, button press, or on-screen prompt). You are solely responsible for all actions, transmissions, and data sharing that occur for and in connection with the Pairing. Grab only offers its services including without limitation the GrabMerchant App on an as-is basis without warranties or representations of any kind. Grab is not responsible for the nature, security, or integrity of the data stored on the Paired Device prior to, during and after the Pairing. Grab makes no guarantee or warranty regarding the successful Pairing, continuous connectivity, or performance of the GrabMerchant app with all potential Paired Device. Pairing functionality is dependent on the Paired Device’s hardware, operating system, and current firmware version as well as connectivity. You may terminate or disconnect the Paired Device per guidance or manual made available by Grab.
This agreement (“Terms“) governs your use of and payment for the Bluetooth and Wi-Fi enabled printer and all associated software, firmware, services and documentation (collectively, “Product“) provided by MyTeksi Sdn Bhd (“Grab”). By purchasing, setting up, or using the Product, you agree to be bound by these Terms. Notwithstanding any other provisions, where “you” are referred to in these terms, it includes both you yourself and the merchant partner that you represent.
- Product and Use
- Limited License: Grab grants you a limited, non-exclusive, non-transferable license to use the Product solely for your internal purpose of operating the Product as intended. You shall:
- use the Product exclusively for its intended purpose per the guidelines, manual, specifications and/or documentation made available by Grab in connection with the same. Any use of the Product for unlawful, unauthorized, or unintended purposes is strictly prohibited;
- Not resell, transfer, redistribute, sublicense exploit, commercialize or otherwise distribute the Product, whether in whole or in part, to any third party without the prior written consent of Grab;
- Not alter, modify, reverse engineer, decompile, disassemble, or attempt to derive the source code, design, or internal structure of the Product or any part thereof including associated firmware, software, or documentation;
- not install or use counterfeit, non-original, or unauthorized components or parts in or with the Product. Only parts supplied or explicitly authorized by Grab may be used;
- not export, re-export, or otherwise transfer the Product or any technical data related to the Product to any country aside from, or entity outside of, the Territory;
- Not use the Product in a manner that could lead to significant injury, loss of life, or damage to critical infrastructure;
- not disassemble the Product for the purpose of selling or reselling its individual components or parts;
- follow Grab’s recommended maintenance and servicing guidelines for the Product. Failure to comply with these guidelines, including the use of unauthorized repair services or parts, shall void any warranties or liabilities associated with the Product.
- not have the Product repaired or serviced by any third party who is not pre-authorized by Grab;
- not use, display, or reference Grab’s trademarks, logos, branding or any other source identifiers or marketing materials on any products, advertisements, or other materials without the prior written consent of Grab; and
- not create derivative products or use the Product as a base for creating new products or services without obtaining the express, prior written permission by Grab.
- Dependencies: The Product may be subject to limitations, delays or other problems inherent in the use of the Internet and electronic communications including without limitation the connection, modem or other materials used by you being faulty, not connected, out of range, switched off or otherwise not functioning; or third party components that are subject to separate terms imposed by the relevant third parties. Grab shall never be responsible for or liable for any such delays, failures, damages or losses resulting from such problems. You are solely responsible to independently procure and pay for the internet connection required to use the Grab Materials and any associated charges (such as mobile data expenses) incurred by your use of the same.The Product’s functionality may also depend on your ability to connect it to a network via Bluetooth or Wi-Fi; or for certain functionalities such as automation of printing of order receipts that are received via your merchant partner account on platform made available by Grab and/or its affiliates, your separate agreement and continued relationship with the relevant Grab entity. Grab is not responsible for any security breaches or data loss resulting from your network configuration or a failure to update the Product as informed by Grab.
- Data Collection and Privacy
- Consent to Data Collection: By using the Product, you acknowledge and agree that Grab and its authorized third-party service providers will automatically collect data from the Product and its associated mobile application or software. This data collection is essential for providing services, improving product performance, and offering a seamless user experience.
- Types of Data Collected: The data collected may include, but is not limited to:
- Usage Data: Page counts, printing frequency, types of documents printed (e.g., PDF, Word), and the devices (e.g., model number, OS version) used to initiate print jobs.
- Device Data: The Product’s serial number, firmware version, ink/toner levels, paper tray status, and error logs.
- Personal Information: If you connect the Product to a user account, we may collect your email address, shipping address, and other contact information for services like automatic supply replenishment.
- Use of Data: We use the collected data to:
- Provide Services: Monitor ink/toner levels to facilitate automatic re-ordering and manage your subscription services.
- Improve Products and Services: Analyze usage patterns and performance metrics to diagnose technical problems; develop new features, products and services; and improve the overall functionality and security of the Product.
- Personalize Your Experience: Provide you with personalized support, recommendations for supplies, and relevant information about your Product.
- Data Sharing: Grab may share aggregated and anonymized data with business partners for product improvement, marketing, or research. If you enroll in a supply replenishment program, your personal data (e.g., name, address) may be shared with our retail partners to fulfill your orders. Any such sharing will be subject to the third party’s privacy policy, which may differ from our own.
- Privacy Policy: Our full privacy policy, which details our data collection, use, and sharing practices, is available at https://www.grab.com/my/terms-policies/privacy-notice/. Your use of the Product constitutes your acceptance of our Privacy Policy.
- Limitation of Liability
- Limited Warranty: Grab provides a limited warranty for the Product, covering defects in materials and workmanship under normal use for a period of one year from the date of purchase. This warranty does not cover damages caused by misuse, accidents, or unauthorized modifications.
- Exclusion of Damages: To the maximum extent permitted by applicable law, in no event shall Grab be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to, loss of profits, data, business opportunities, or revenue, arising from or in connection with the use of the Product.
- Maximum Liability: Grab’s total liability for any claim arising out of or relating to these Terms or the Product shall not exceed the amount you paid for the Product.
- Force Majeure: Grab will not be liable for any failure or delay in performance under these Terms due to events beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, embargoes, fire, or other natural disasters.
- Payment Terms
The title to the Product shall remain vested in Grab and/or its affiliates unless and until you fully pay to Grab the amount payable.
Notwithstanding any other provisions, you are solely responsible for any loss and damage to the Product in your possession or otherwise under your control as well as to ensure compliance with these terms.
You shall pay to Grab for the Product via the Grab Merchant App, either:
(i) daily deduction for a period of 90 days or 180 days (as the case may be) from the date of purchase of the Product for a total of up to, but not more than, RM550.00 (“Installment Fee”); OR
(ii) RM550.00 to be paid on a one-time fee basis (“One-Time Fee”).
For the avoidance of doubt, the Installment Fee shall be paid by you to Grab by Grab deducting the Installment Fee from your Grab Merchant Account until the full and final settlement of the total Installment Fee amount.
Meanwhile, the One-Time Fee shall be paid by you immediately upon your receipt of the invoice issued by Grab via the Grab Merchant App, email and/or any other means selected by Grab.
All amount(s) payable specified in this Agreement are quoted exclusive of applicable taxes, duties, levies, assessments, value-added tax or goods and services tax or other government charges of whatever nature now or hereafter imposed (“Tax”). If it is required by law to withhold any Taxes from payments under these Terms, you shall gross up the payment amount such that the payment made to Grab shall be the full invoice amount it would have received had no withholding been required All applicable Tax, if any, shall be set out in the relevant invoice and are to be borne by you. Grab is entitled to issue an invoice for any amount(s) payable under this Agreement. All payments will be expressed and payable in Ringgit Malaysia.
- General Provisions
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of Malaysia.
- Dispute Resolution: Any disputes, actions, claims or causes of action arising out of or in connection with these Terms, shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Grab (the “Arbitrator”). If you and Grab are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by you and Grab, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
- Intellectual Property. The sale of the Product under this agreement does not constitute a transfer of any intellectual property rights. All patents, trademarks, copyrights, trade secrets, and other proprietary rights related to the product, including its design, software, documentation, and any underlying technology, are and will remain the exclusive property of Grab or its licensors.
- Entire Agreement: These Terms constitute the entire agreement between you and Grab regarding the sale and use of the Product and supersede all prior or contemporaneous communications.
Terms and Conditions : Grab Cloud Printer Payment Programme
As at: [Effective Date]
Important – By checking the “I Accept” box, or otherwise completing the checkout process on your GrabMerchant app, you, in your capacity as a merchant (“you” or “Merchant”), acknowledge that you have read, understood, and agreed to be legally bound by these Terms and Conditions. The individual executing and electronically accepting these Terms and Conditions on behalf of you expressly represents and warrants that he/she possesses the absolute power, corporate capacity, and legal authority to execute and accept these terms on behalf of the Merchant. The Terms and Conditions stated herein constitute a legal agreement between you and GFin Services (M) Sdn. Bhd (“Company“ or “GFin”, which expression shall, where the context so admits, includes its successors-in-title, permitted assigns, and affiliates). Notwithstanding any other provisions, where “you” are referred to in these terms, it includes both you yourself and the merchant partner that you represent.
- DEFINITIONS
“Amount Payable” refers to Receivables amount owed by the Merchant to the Seller, comprising the Purchase Price of the Product including all outstanding payment due from the Merchant and not yet paid to Seller, which is subject to the sale and assignment from the Seller to the Company.
“Grab Platform” refers to the Grab App and any other relevant platform or electronic communication operated by the Company and all other affiliates of Grab Holdings Inc. and Grabtaxi Holdings Pte. Ltd.
“MTSB” means MyTeksi Sdn Bhd (Registration No. 200901029190 (862290-A)), a company incorporated under the laws of Malaysia, including its corporate successors-in-title and permitted assigns.
“Product” means the Bluetooth and Wi-Fi enabled Grab-branded cloud printer hardware terminal, including its embedded firmware, pre-installed software, internal SIM card, power adapters, cables, data packages, instalment fees and any accompanying structural accessories or operational documentation made available to the Merchant.
“Purchase Price” means the cost of the Product as determined by the Seller and displayed on the Platform, which includes the physical hardware, embedded firmware, and associated SIM card connectivity, but is exclusive of any applicable government taxes, service taxes, duties, or delivery fees, unless expressly stated otherwise on the digital checkout screen
“Receivables” means all or any part of receivable(s) whether now existing or hereafter arising (which shall include all rights, title, interest and contractual rights of whatsoever nature) owing by the Merchant to the Seller arising out of or in connection with the purchase of the Product under this Programme.
“Seller” means MTSB, who has entered into a master agreement for sale and purchase of receivables (“MFA”) with the Company, where it has been agreed between the Seller and the Company that the Seller will receive payment in exchange for the Seller’s purchase and assignment of the Receivables.
- CLOUD PRINTER PAYMENT PROGRAMME
The purchase of the Product is made available by MTSB and is an initiative designed to equip merchant-partners like you with a Bluetooth and Wi-Fi enabled Grab-branded printer featuring an embedded SIM card, the underlying transaction of which is by the Company under a receivables factoring model that allows you to opt for flexible, deferred payment structures (“Programme”).
By participating in this Programme, you agree that the Company reserves the rights to impose such restrictions and/or further conditions to the your access to and use of the Programme and additionally:
- You agree that the Seller of your purchase(s) has offered to you deferred payment terms such that you shall only be obliged to pay the Seller the payment in respect of its purchase(s) by the Payment Period (as defined below);
- You agree that the Seller may sell and assign such Receivables due from you to the Company or such other assignee. You will be notified upon such assignment whereupon it shall be required to pay to the Company or such other assignee or any other party authorised or designated by them (including any collection agent appointed by the Company), the Receivables during the Payment Period;
- You agree that the Company shall have the right and absolute discretion to determine a financing limit extended to you based on the amount of Receivables it is willing to purchase from Seller, and shall have the right to increase or decrease such amount or limit based on its own internal assessments, and such change and its effective date shall be notified to you in writing;
- You agree that the Company shall have the right and absolute discretion to suspend or terminate or to re-activate your participation in this Programme upon its own internal assessment, which shall be notified to you in writing;
- You agree that if it fails to make eventual payment under the Programme (whether to the Seller or the Company or such other assignee or any other party authorised or designated by them including any appointed collection agent) throughout the Payment Period, the Seller, the Company, such other assignee and/or any person acting on their behalf may take such steps as are necessary to enforce payment by you; and
- You agree that the Company reserves the right to suspend, or later reverse, the processing of any payment transaction where it reasonably believes that the payment transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of these Terms and Conditions. In such an event, you agree that you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to or by you.
- CONDITIONS PRECEDENT
The availability of the Programme is conditional upon: (i) the Company’s final review and risk assessment and final approval on the Merchant and (ii) if applicable, the Company’s receipt of all necessary documentation requested by the Company.
Please note that if any of the information provided to the Company is misleading, incomplete or inaccurate in any way, the Company reserves the right in its sole discretion to cancel the Programme at any time that such incompleteness and/or inaccuracy is made known to the Company. The Company will not be liable to you at all for any losses or expenses incurred by you as a result thereof. This is without prejudice to any other rights the Company may have to as to breach of representation.
- GRABMERCHANT STATUS
You further agree that for as long as the Merchant has outstanding payments under this Programme / these Terms and Conditions, you shall remain as an active Grab Merchant. In the event that your status as a GrabMerchant becomes suspended, revoked, disabled or terminated for any reason, the Company shall have the right but not the obligation to declare that the entire balance of unpaid Amount Payable to be due and payable. Upon such a declaration, such unpaid Amount Payable shall be due and payable immediately.
- PAYMENT TERMS
By participating in this Programme, you agree that
- You shall pay the Amount Payable during the Payment Period in the following manner: (i) the Amount Payable shall be divided equally over the duration of the Payment Period (as set out above) and shall be payable by you on a daily basis for the duration of the Payment Period (“Daily Payment Amount”) and (ii) the Daily Payment Amount is payable daily from the first payment due date (which shall be notified to you) for the duration of the Payment Period or until the full total Amount Payable has been collected (“Daily Payment Amount Date”), (“Payment Period”)
- The payment of the Daily Payment Amount shall be made via deductions from your wallet account with the Company as a registered Grab merchant-partner (“GrabMerchant Wallet”) on every Daily Payment Amount Date.
- In the event that deductions / set-off of the Daily Payment Amount on a Daily Payment Amount Date fails for whatever reason, such outstanding amount will be deducted/set-off on the following day together with the relevant Daily Payment Amount payable for that day. Such deductions will continue on that basis until all outstanding Daily Payment Amount for the applicable Daily Payment Amount Date(s) have been received.
- In the event where the amount deducted from GrabMerchant Wallet is more than the outstanding Daily Payment Amount for the applicable Daily Payment Amount Date(s), such excess amount deducted will be set-off against future Daily Payment Amount payment(s).
- In the event there is insufficient funds in the GrabMerchant Wallet, you agree that it shall promptly pay all such sums due and payable under this Programme to the Company’s bank account or any other payment methods as the Company may direct.
- upon request by the Company, you will do such act(s) and execute all such forms, agreements, deeds and documents required, including any direct debit authorisation forms, and to provide any information as the Company may reasonably require for the purpose of this Programme; and
- upon request by the Company, procure that a director, shareholder or owner of the Merchant, or such other person identified or approved by the Company to execute a personal guarantee or corporate guarantee or such other agreement, deeds or document as the Company may reasonably require for the purpose of this Programme.
The specific details of the Purchase Price, scheduled installment amounts, payment timelines, and all associated financing arrangements are dynamically displayed and accessible to you directly within the GrabMerchant app, which shall serve as the definitive record of your payment obligations under this Programme.
- NOTICE OF ASSIGNMENT OF RECEIVABLES
Pursuant to the factoring arrangement/payment structure under this Programme and in compliance with Section 4(3) of the Civil Law Act 1956, a formal written Notice of Assignment will be issued to you electronically (via email and/or the GrabMerchant application) immediately following your successful purchase of the Product. This notice serves to officially confirm the absolute transfer of your payment obligations from MTSB to the Company as the lawful factoring assignee.
- WALLET DEDUCTIONS AND MAINTENANCE
You hereby grant an unconditional and irrevocable authorisation to the Company (as the lawful factoring assignee and owner of the Receivables) and/or its designated collection agents (including GPay Network (M) Sdn Bhd (“GPay”)), to automatically debit, withhold, or deduct the prescribed installment amounts directly from the GrabMerchant wallet, daily settlement account, or linked bank account. This deduction shall occur at the frequency specified in these Terms and Conditions and shall continue automatically until the total Purchase Price has been fully and completely satisfied. You explicitly undertake and covenant to ensure, maintain, or procure that the Grab Merchant’s Wallet has sufficient funds at all times to successfully meet all such scheduled deductions or payments. You explicitly waive any right to revoke this authorization or file a dispute against MTSB, GPay or the Company for executing these automated deductions in accordance with this Programme.
- CANCELLATION
The Programme shall not be terminated, cancelled and/or revoked in any way whatsoever once final approval and disbursement of the Programme is notified to you by the Company. However, kindly contact Grab Help Centre or Grab Support Team via GrabMerchant App if you encounter any issues.
- REFUND PROCESS
- You agree that any request for cancellation of order, exchanges, reduction of payment and/or refund for goods and/or services that are purchased using this Programme are at the full discretion of the Seller based on the respective Seller’s refund, exchanges, and/or cancellation policies.
- In the event where you are due a full or partial refund for the goods and/or services purchased from a Seller, but have made payment to Grab instead under this Programme and pursuant to these Terms and Conditions, you hereby acknowledge and agree that:
(i) the Company or any other affiliate or such other person as the Company may approve, may apply such refund amount on your behalf to make payment of any outstanding Daily Payment Amount and/or any other related payment which is outstanding or make payment of any of your future transactions made using the Programme. Any refund amount not applied to any outstanding amounts under this Programme, shall be remitted or refunded to your Grab Merchant Wallet; and
(ii) in the event that your participation in this Programme is terminated in accordance with these Terms and Conditions, any refund amount not applied to any outstanding amounts under this Programme, shall be remitted or refunded to the GrabMerchant Wallet.
- REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
By using the services of this Programme, you expressly represent, warrant and undertake that:
- you have the power, authority, capacity and legal right to accept and agree, enter into, perform and deliver, and has taken all necessary action to authorise your entry into, performance and delivery of, these Terms and Conditions and the transactions contemplated by it;
- all the information which it provides to the Company from time to time for the purpose of this Programme shall be true and accurate;
- when using the services of this Program, you shall comply with all applicable laws, whether in Malaysia or otherwise in the country, state and city in which it is present while using the services of this Programme;
- you will only use this Programme for lawful purposes;
- you will only use this Programme for the purpose for which it is intended to be used;
- you will not harm or use the Grab Platform or the services of this Programme for any unlawful or fraudulent purposes;
- you agree to notify Grab immediately of any unauthorized use of its account for this Programme or any other breach of security;
- you agree to provide accurate, current and complete information as required for this Programme and undertake the responsibility to maintain and update its information in a timely manner to keep it accurate, current and complete at all times for as long as it is bound by these Terms and Conditions. You agree that the Company may rely on its information as accurate, current and complete. You acknowledge that if the information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate its use of the Programme at any time with or without notice;
- you agree that the Programme is provided on a reasonable effort basis;
- you agree that its use of the Programme is for your own business use and it shall not authorise, assign or otherwise transfer the use of its account for this Programme to any other person or entity without prior written consent from the Company;
- you agree that your use of the Programme will be subject to Grab’s Privacy Notice; and
- you agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any other party as a result of its breach of these Terms and Conditions.
- INDEMNIFICATION
By agreeing to these Terms and Conditions upon using the Programme, 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:
- your use of the Programme and/or the Grab Platform in its dealings with Sellers and other third-party merchants, where applicable;
- your violation or breach of any provision of these Terms and Conditions or any applicable law or regulation, whether or not referenced herein;
- your violation of any rights of any third party; and
- your misuse of the Programme and/or the Grab Platform.
- LIMITATION OF LIABILITY
- The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the Programme and/or the Grab Platform.
- The Programme is provided to you strictly on an “as is” basis.
- All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under Malaysian law.
- The Programme and/or the Grab Platform 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 other users being faulty, not connected, out of range of mobile signals or functioning incorrectly. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
- To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with its use of the Programme and/or the Grab Platform.
- TERMINATION
- Subject to any other provision in these Terms and Conditions to the contrary, either the Company or the Merchant may terminate these Terms and Conditions and the use of this Programme on thirty (30) days notice in writing and the Merchant will be disabled from further use of the Programme at the end of the thirty (30) days notice period.
- You hereby agree that these Terms and Conditions and Programme shall terminate immediately in the event that:
(i) any corporate action, legal proceeding or other procedure or step has been taken against you in relation to suspension of payments, moratorium of any indebtedness, winding up, dissolution, administration or reorganization (by way of voluntary arrangement, scheme of arrangement or otherwise), composition, assignment or arrangement with any creditor, or the appointment of a liquidator, receiver, administrator or similar officer;
(ii) it is in material breach of any of its representations, warranties, undertakings or obligations under these Terms and Conditions and Programme;
(iii) any force majeure event has occurs which has material adverse effect on the performance in full of either party’s obligation under these Terms and Conditions and Programme; or
(iv) it is or is likely to become unlawful in any relevant jurisdiction for any Party to perform its obligations under these Terms and Conditions.
- You acknowledge and agree that while the Company may disable your further use of the Programme, you will not be able to terminate this Programme or these Terms and Conditions if there are any amounts or payments outstanding due to a Seller and/or the Company or its assignee.
- In the event that MTSB exercises its rights under the Grab Platform terms or these Terms and Conditions to withdraw, recall, repossess, remote-lock, or terminate your access to and use of the Product for any reason whatsoever, such action shall constitute an immediate cross-default under these Terms and Conditions. Upon the occurrence of such cross-default, the Company’s framework to maintain deferred payment terms or underwrite the transaction under this Programme shall automatically and immediately suspend, and the Company reserves the absolute right to declare the entire remaining balance of the unpaid Amount Payable to be due and payable immediately. You shall remain fully liable to settle all such outstanding sums directly to the Company or its designated collection agents (including GPay) without any right of set-off, deduction, or counterclaim, notwithstanding that the physical Product has been withdrawn or is no longer operational.
- CONSEQUENCES OF TERMINATION
Upon the termination of these Terms and Conditions for any reason whatsoever including whether by notice under Clause 13(a), immediate termination under Clause 13(b), or via an operational cross-default under Clause 13(d), the entire outstanding balance of the Amount Payable owed by you under this Programme shall automatically become accelerated, due, and payable in full immediately to the Company (or its designated collection agents). For the avoidance of doubt, the disabling of your account or the termination of the service shall under no circumstances absolve you of your absolute liability to fully settle all remaining unpaid hardware fees or installment balances.
- DATA PRIVACY
- All personal data acquired by the Company from you shall only be used for the purposes of these Terms and Conditions in accordance with the requirements under any applicable data protection laws and shall not be further processed without your consent. Notwithstanding the foregoing, you acknowledge and agree that your participation in this Programme, your use of the Grab Platform, and the processing of all associated transactional, wallet, and account data are concurrently subject to, and governed by, the Grab’s Privacy Notice.
- You hereby acknowledge and agree that the Company may collect, use, disclose or otherwise process personal data in connection with these Terms and Conditions, including (but not limited to) for the purposes of:
(i) disbursal of payment to the Seller under this Programme;
(ii) carrying out necessary collection activities to collect outstanding sums from you (including disclosure to third-party debt collectors);
(iii) conducting all necessary due diligence, anti money laundering / terrorism financing assessments and risk analysis assessment to process your application for the Programme and for carrying out suitability assessments for any other similar financial products that you may be eligible for or request from the Company;
(iv) if applicable, carrying out credit checks and retrieving credit information from credit bureaus, alternative credit scoring agencies or other credit reporting organisations to process your application for the Programme and for carrying out suitability assessments for any other similar financial products that you may be eligible for or request from the Company;
(v) making any disclosure to its auditors, legal counsel, professional advisors, any regulatory authorities or any other third parties for the purposes of ensuring compliance with these Terms and Conditions or as may be required by law; and
(vi) any other activities that the Company may in its reasonable discretion deem necessary.
- CREDIT REPORTING
You explicitly authorize and grant unconditional consent to the Company, in accordance with the Credit Reporting Agencies Act 2010, to conduct continuous credit, financial, and background checks via registered credit reporting agencies in Malaysia throughout the duration of this Programme. You further authorize and consent to the Company disclosing, submitting, and reporting your credit data, payment history, transaction behavior, and any account defaults or delinquencies arising under this Programme to such credit reporting agencies and relevant financial databases for the purpose of credit evaluation, updating credit profiles, and monitoring ongoing risk.
- NOTICE
- Any communications to be made or documents to be delivered under in connection with these Terms and Conditions or the transactions contemplated under these Terms and Conditions shall be made in writing and, unless otherwise stated, may be made by fax or letter or electronic mail to the addresses or email addresses and addressed to the persons specified in the Letter or any substitute address, email address, fax number or person as the party may notify to the other party by not less than five (5) business days’ notice.
- Any such communication or document made or delivered by one party to another will be effective:
(i) if by way of letter, only when it has been left at the relevant address or five (5) business days after being deposited in the post postage prepaid in an envelope addressed to it at that address; or
(ii) if by way of email communication, only when actually received in readable form; and
(iii) if a particular person is specified as part of its address details provided under subparagraph (a), if addressed to that person.
- Any communication or delivery of document between the parties which becomes effective, in accordance with this clause, after 5.00 p.m. in the place of receipt shall be deemed only to become effective on the following day.
- In addition to subclause (a) above, the delivery of a notice of assignment, as referred to in Clause 6 above, may be made by electronic mail to the electronic mail address notified by you to the Company or Seller from time to time for the delivery of such documents.
- VARIATION AND AMENDMENTS
The Company and/or MTSB may modify these Terms and Conditions at any time. We will provide you with at least fourteen (14) days advance notice of any material changes via email, the GrabMerchant app interface, or by posting the updated terms online. Your continued use of the Product or participation in the Programme after the fourteen (14) day notice period ends constitutes your binding acceptance of the modified Terms and Conditions. If you object to the amendments, you must notify us and terminate your participation within the fourteen (14) day window, provided that any outstanding hardware fees or installment balances owed to the Company are paid in full immediately.
- MISCELLANEOUS
- The Company shall not be liable for any claim by the Merchant or third-party claims or losses of any nature, including but not limited to, loss of profits, punitive, indirect, special, web incidental, or consequential damages or for other damages and any related claims of any nature, including direct, indirect, third party, consequential or other damages resulting from or in connection with this Programme.
- The Company disclaims any liability for loss or damage to property or any personal injury or loss of life resulting from or in connection with this Programme.
- You agree that these Terms and Conditions and any rights or benefits under these Terms and Conditions may not be assigned by you without the prior written approval of the Company but may be assigned by the Company without your consent. Any purported assignment by you in violation of this Clause shall be void.
- You acknowledge and agree that the Company, at its sole and absolute discretion, may delegate, outsource, or assign the performance, provisioning, operation, or fulfillment of any portion of the services, infrastructure, tracking software, collection mechanisms, or data processing under this Programme to any of its affiliates (including but not limited to MTSB, GPay, or other Grab group entities) or third-party service providers. Any performance of the services or obligations by such affiliates shall be deemed as valid performance by the Company under these Terms and Conditions, and your binding obligations, authorizations, and liabilities under these Terms and Conditions shall remain entirely unaffected thereby.
- You acknowledge and agree that the Company reserves the right to disqualify any participation or terminate the service under this Programme if you are found to be in breach of any provision of these Terms and Conditions which is incapable of remedy or if capable of remedy, is not remedied within three (3) days of receipt of notice by the Company. Notwithstanding the above, the Company reserves the right to terminate any participation on the under this Programme, with notice to you, at the Company’s sole and absolute discretion without assigning any reason whatsoever.
- These Terms and Conditions shall be governed by Malaysian 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 these Terms and Conditions shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (“Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (“Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, 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.
WARNING: Failure to follow these instructions may result in serious injury or death.
CAUTION: To avoid property damage or injury, you agree to use this product only in accordance with the instructions provided in this manual for your internal operation purposes. You are responsible for ensuring your use of the product complies with all local, state, and federal laws and regulations.
The design, features, and content of this product, including the software and all documentation (including this manual), are Grab’s exclusive property and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, resell, reverse engineer, alter, decompile, transfer, redistribute, sublicense, exploit, commercialize, disassemble or modify the product or its documentation or any part thereof without Grab’s express written permission. Any unauthorized use of the product’s intellectual property will be subject to legal action.
Except for the limited warranty set forth in the separate agreement between you and Grab, the product is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Grab disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the product will be uninterrupted or error-free.