Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Service. All references to “you” or “your” within these Terms of Service also apply to the Merchant’s authorized representative, where applicable. You further agree to the representations made below. If you do not agree to or fall within the Terms of Service and wish to discontinue using the Service, please do not continue using the HPP Platform (as defined below), the Application (as defined below) or the Service.
The Terms of Service stated herein (collectively, the “Terms of Service” or this “Agreement”) constitute a legal agreement between you (the “User” or “You”) and GRABLINK SDN. BHD. (the “Company”).
By using the HPP online platform hosted on http://paysuite.grab.com or hosted on any other webpage as provided by the Company or the Grab mobile application supplied to you by the Company’s affiliated company/ies (the “Application”), and by downloading, installing or using any associated software supplied by the Company (“the Software”) which overallpurpose is to enable the HPP online platform (the “ HPP Platform” and generally, the “Service”), you hereby expressly acknowledge and agree to be bound by these Terms of Service, the GrabPay Terms of Service: Payment and Rewards published at https://www.grab.com/my/terms-policies/payment-rewards/, and any future amendments and additions to these Terms of Service as published from time to time at https://www.grab.com/my/, the HPP Platform or through the Application, and your continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Terms of Service. Notwithstanding the foregoing, the Company will provide ten (10) business days’ notice of any changes, which the Company in its reasonable discretion deems material, to these Terms of Service following which your continued use of the Service will be deemed to confirm your acceptance of such changes.
THE COMPANY IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR MERCHANTS, BUSINESS ENTITIES LIKE GRABGIFTS, AND USERS TO OBTAIN OR PROCURE SERVICES. DEPENDING ON THE SERVICE IN QUESTION, THE SERVICES MAY BE SUPPLIED BY THE COMPANY OR A THIRD PARTY PROVIDER. WHERE THE SERVICE IS PROVIDED BY A THIRD PARTY PROVIDER, THE COMPANY’S ROLE IS MERELY TO LINK THE MERCHANT, GRABGIFTS OR USER WITH SUCH THIRD PARTY PROVIDER. THE COMPANY IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF THE COMPANY AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY THE COMPANY.
1. Use of the HPP Platform
- The HPP Platform will offer the following integrated e-commerce payment checkout services (collectively referred to as the “Service” or “Services”) to Users:
- Company’s payment checkout page to enable the collection and remittance of payments for transactions between Company’s online merchants, including GrabGifts (the “Merchants”) and Users.
- By utilizing the Service, Users agree that:
- The Company may collect and store website cookies and payment details of the User, including but not limited to, User’s name, credit or debit card number, card expiration date, billing and shipping address, email and/or telephone number (the “Payment Details”);
- If elected by the User, the Company may store and remember the Payment Details and website cookies for future payment checkouts to the Merchant, including GrabGifts, as initiated by the User. User may rescind this election for the Company to store their Payment Details by contacting the Company at firstname.lastname@example.org;
- User is fully responsible for payment transactions with the Merchant, including GrabGifts, including but not limited to, the ordering process and/or the provision of accurate and authorized Payment Details for the payment transactions for the corresponding goods and/or services provided by the Merchant, including GrabGifts,.
- The Company shall not be liable in any way for the provision of Merchant’s or GrabGifts goods and/or services (including, but not limited to the terms of order, sale or delivery) to the User, and any matters relating to or arising out of the provision of Merchant’s goods and/or services, including GrabGifts, shall be referred by the User directly to the Merchant or the relevant GrabGifts entity;
- The Company shall be in no way liable for any unauthorized use of the User’s profiles, accounts or devices to initiate or complete payment transactions with the Merchants or GrabGifts. User shall be fully liable in this respect and shall not seek recourse or compensation from the Company in such instances;
- The Company will use all reasonable efforts to keep Payment Details and any other transaction information secure in accordance with all applicable laws, in the event such information is stored by the Company; and
- The Company shall not be responsible for any interruptions to the Service, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of paymenttransactions, unless such service interruption arises as a result of the Company’s negligence.
2. Establishing your Identity
- The Company is required to comply with all applicable laws, regulations, notices and guidelines issued by the relevant local government and regulatory authority, including the Financial Services Act 2013 of Malaysia , and various notices, circulars, and guidelines issued by Bank Negara Malaysia (“BNM”).
- You hereby acknowledge that the Company may collect such data on request, and use such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure the adherence of the Company, Users and the Merchant (including GrabGifts) to the applicable laws, regulations, notices and guidelines, together with sharing such data internally with its affiliates and with third- party outsourcees (both in Malaysia and overseas), as well as in relation to transfers and reporting of such data and your transactions to the BNM , and such other government or regulatory authority as the Company may deem appropriate or as may be required under any applicable laws, regulations, notices and guidelines.
- You agree that you will cooperate in relation to any anti-money laundering and countering terrorism financing screening that is required and to assist the Company in complying with any applicable laws, regulations, notices and guidelines in place.
3. Representations and Warranties
- By using the Service, you expressly represent and warrant that you are at least eighteen (18) years of age, legally entitled and have the right, authority and capacity to accept and agree to the Terms of Service. You further confirm that all the information which you provide to the Company shall be true and accurate.
- Your use of the Service is for the intended personal use only. You undertake not to authorize others to use your identity, and you may not assign or otherwise transfer your HPP usage rights to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in Malaysia or otherwise in the country, state and city in which you are present while using the Service.
- You may only access the Service using authorized means. Where applicable, it is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the HPP Platform and/or the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the HPP Platform and/or the Software and/or the Application is intended to be used.
- By using the HPP Platform and/or the Software or the Application, you agree that:
- You will only use the Service for lawful purposes;
- You will only use the Service for the purpose for which it is intended to be used; o You will not use the HPP Platform and/or the Application for sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Application and/or the Software to cause nuisance, annoyance, or inconvenience;
- You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
- You will not impair the proper operation of the network;
- You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
- You will not copy, or distribute the Software or other content without written permission from the Company;
- You will only use the HPP Platform and/or the Software and/or the Application for your own use and will not resell it to a third party;
- You will keep secure and confidential your account password or any identification that is provided to you which allows You to access to the Service; o You will provide the Company with proof of identity as it may reasonably request or require;
- You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
- You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new usage of the Service by new or existing customers; and
- You agree that the Service is provided on a reasonable efforts basis.
- You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.
- You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
- You agree that details of your HPP usage and all transactions thereunder may be provided on request to any tax authorities either in Malaysia or overseas where the purpose of such request is the lawful payment of tax obligations and/or the identification of assets for taxation.
5. License Grant & Restrictions
- The Company is a licensee of GrabTaxi Holdings Pte Ltd (Company No. 201316157E, having its registered address at 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) in relation to the HPP Platform and/or the Application.
- The Company, its affiliates and its licensors including GrabTaxi Holdings Pte. Ltd., where applicable hereby grant you a revocable, non-exclusive, non-transferable, non- assignable, personal, limited license to use the HPP Platform and/or the Application and/or the Software, subject to the Terms of Service herein. All rights not expressly granted to you are reserved by the Company and its licensors.
- You hereby agree that you shall not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the HPP Platform and/or the Application and/or the Software in any way;
- modify or make derivative works based on the HPP Platform and/or the Application and/or the Software;
- create internet “links” to the HPP Platform and/or the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device;
- reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the HPP Platform and/or the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the HPP Platform and/or the Application and/or the Software;
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the HPP Platform and/or the Application and/or the Software;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or
- remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You may use the Software and/or the HPP Platform and/or the Application only for the intended commercial purposes and shall not use the Software, the HPP Platform and/or the Application to:
- send spam or otherwise duplicative or unsolicited messages;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
- send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the HPP Platform and/or the Software and/or the Application or the data contained therein;
- attempt to gain unauthorized access to the HPP Platform and/or the Software and/or the Application or its related systems or networks;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
- engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
6. Intellectual Property Ownership
- The Company and its affiliates, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the HPP Platform and/or the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
- These Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors.
- The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third-party merchants or transportation providers’ logos and the product names associated with the HPP Platform and/or the Software and/or the Application are trademarks of the Company and/or its affiliates or third parties, and no right or license is granted to use them.
- For the avoidance of doubt, the term the “ HPP Platform” and/or the “Software” and the “Application” herein shall include its respective components, processes and design in its entirety.
7. Data Privacy and Personal Data Protection
- The Company collects and processes your Personal Data in accordance with its Privacy Notice found at https://www.grab.com/my /terms-policies/privacy-policy/. The Privacy Notice applies to the Service and its terms are made a part of this Agreement by this reference.
- Where applicable, you agree and consent to the Company, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Notice.
- You acknowledge that Personal Data may be transferred, processed and stored outside of the User’s country of residence, and that User’s data (including Personal Data) may be subject to disclosure as and when required by applicable law.
8. Third Party Interactions
- During use of the Service, you may enter into correspondence with, purchase or utilize goods and/or services from, or participate in promotions of third-party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application. This includes, but is not limited to, third party payment processing services involved in the provision of the HPP Platform or associated services.
- Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party.
- The Company and its affiliates and licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party.
- The Company does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third-party providers.
- You further agree that where the Service is provided to you in conjunction with goods and/or services from third-party service providers, you agree to any sharing of your data between the third-party service providers and the Company, as may be necessary in order to provide the Service to you.
- By agreeing to the Terms of Service upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
- your use of the Service, the Software and/or the Application in your dealings with the third-party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors;
- your violation or breach of any of the Terms of Service or any applicable law or regulation, whether or not referenced herein;
- your violation of any rights of any third party;
- your misuse of the Service, the Software and/or the Application.
10. Limitation of Liability
- The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the Service, the Application and/or the Software.
- The Company does not represent or warrant that:
- The use of the Service, the Application and/or the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- The Service will meet your requirements or expectations;
- Any stored data will be accurate or reliable;
- The quality of any products, services, information or another material purchased or obtained by you through the HPP Platform and/or the Application will meet your requirements or expectations;
- Errors or defects in the HPP Platform and/or the Application and/or the Software will be corrected; or
- The HPP Platform and/or the Application or the Server that make the application or Service available are free of viruses or other harmful components.
- The Service 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 Service, the Application and/or the Software may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including the device used by you 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 your use of the Service, the Application and/or the Software.
- Either the Company or you may terminate this Agreement on one month’s notice in writing to the other. User shall immediately cease use of the Service upon service of the notice of termination to the Company.
- You hereby agree that this Agreement shall terminate immediately in the event that you are:
- declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration; or
- found in default of your debt obligations to a licensed bank by a Malaysian court;
- In the event of any of the above, the Company reserves the right to deal with any such trustee, executive or representative of the Malaysian courts as in its sole discretion it considers appropriate in relation to the administration of any outstanding balance monies held with the Company.
- You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement.
- The Company may give notice by means of a general notice on the HPP Platform, the Application, or by electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email).
- You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the HPP Platform or the Application.
- This Agreement as constituted by the Terms of Service as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company.
- Any purported assignment by you in violation of this section shall be void.
- This Agreement 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 the Terms of Service or the Service shall be referred to the Malaysian Asian Arbitration Centre (“A IAC”), inaccordance with the Rules of the A IAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the Director of A IAC in accordance with the Rules. The seat and venue of the arbitration shall be Malaysia , 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.
- No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Service or use of the Service.
- If any provision of the Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
- The failure of the Company to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
- The Terms of Service comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.