1. Grab Marketing Services (“GMS”) are services offered by Grab to you from time to time to boost visibility and awareness of your Goods or Store(s), through marketing solutions such as marketing packages services, campaign packages services etc. (“GMS Service”) whereby you will be able to enjoy certain rights and privileges by participating in GMS Service via the Application and/or Platform, subject to the terms and conditions herein.
2. These GMS Terms of Service are supplemental to (i) any and/or all of your agreed Grab Marketing Services (GMS) Forms (“GMS Form”) and/or (ii) any of your opt in requests to join a GMS package (including ‘Spotlight Campaign’) via the Application and/or Marketing Manager Services platform (“In-App GMS Opt-In”) (any GMS Form together with these GMS Terms of Service and any In-App GMS Opt-In together with these GMS Terms of Service, each referred to as “GMS Contract”).
3. These GMS Terms of Service are subject to (i) your existing Grab Merchant agreement that you have entered with Grab(“Agreement”), and (ii) Terms of Services accessible here (“ToS”) and other relevant Grab policies and codes of conduct applicable to you (collectively referred to as “Main Terms”).
4. In particular, any capitalised terms used but not defined herein shall bear the same meaning as those defined in the Main Terms (unless the context otherwise requires); and special attention should be paid to the section(s) covering marketing activities by you in the ToS.
5. You understand that the GMS Contract shall constitute an integral and inseparable part of the Agreement and the supplement document / side letter / amendment and/or other forms of document thereof.
6. You agree that all the terms and conditions stipulated under the Agreement shall remain valid and unchanged. In case of contradiction between the GMS Contract and the Agreement, the terms in the GMS Contract shall prevail.
7. You will be deemed to have consented to these GMS Terms of Service as may be amended from time to time. Your continued use of or participation in the GMS Service either via GMS Form or In-App GMS Opt-In, after any changes or updates to the GMS Terms of Service, whether or not reviewed or expressly agreed by you, shall constitute your consent and acceptance of the revised GMS Terms of Service.
8. In addition to the above, you agree that you have read and understood the program package offer details as provided in the GMS Form or In-App GMS Opt-In, which shall include but is not limited to (i) information relating to the campaign description, (ii) the relevant duration, (iii) the changes of service fee/commission (if any) during the campaign period, (iv) the eligible outlets, (v) the pertinent funding obligation(s) and cost, (vi) any specific method of deduction and the included marketing assets, and (vii) any other terms agreed therein. You agree and understand that your participation in the GMS Service either via GMS Form or In-App GMS Opt-In shall be subject to approval by Grab.
9. In order to provide the GMS Service to you, you authorized Grab to perform these mentioned activities (“Marketing Activities”), including but not limited to:
(a) launching promotions;
(b) campaign/marketing investments and initiatives,
(c) targeted ads banner plans,
(d) online advertisements;
and/or any other initiatives from time to time to the extent it deems necessary in connection with the GMS Service, whether it be a combination of activities or a specific activity, on your behalf. You agree and hereby authorise Grab to perform the Marketing Activities as well as use your intellectual property (such as logo) for the purposes of such GMS Service. Further, you shall provide Grab with such information and support as may be requested by Grab, including campaign objective, theme, segment targeting, duration/timeline, package and budget for the purposes of the GMS Service.
10. You agree that Grab, in its sole discretion, is entitled to determine the allocation of budget using the campaign funds agreed under the GMS Form or In-App GMS Opt-In that Grab received from You to perform the Marketing Activities. As such, You further agree that any form of fees paid by You to Grab to perform the Marketing Activities is not refundable in any form whatsoever.
11. You agree that Grab shall use commercially reasonable efforts to market your Goods and/or Store(s) and will provide necessary information and/or report to you, to enable you to monitor the result of the Marketing Activities (if any). You are aware and agree that Grab makes no promises, representations, warranties or guarantees that the GMS Service will bring any changes or improvements to your Store’s level of performance and/or any results within a specified time frame or at all.
12. You agree that any amounts payable to Grab may be subject to all prevailing statutory taxes, charges and or costs as may be in force and any new taxes that may be introduced at any point of time, and you shall be liable for any such taxes on any amount pursuant to the Package(s) and/or Service(s).
13. You are aware and agree that the period of the Grab Marketing Service program will continue until:
the agreed expiry period as stipulated in the GMS Form; or Grab cancelled or suspended the Grab Marketing Service.
In the event you decide to end your participation in the GMS Service prior to the agreed expiry period stipulated in the GMS Form, a written request must be submitted to Grab to opt-out from such GMS Service, via the means provided by Grab from time to time (“Opt Out Request”). Such Opt Out Request shall be subject to approval by Grab. You shall continue to be liable for payment of GMS Service rendered by Grab to you until such date on which you receive confirmation from Grab that your Opt Out Request is successful.
14. You agree that Grab reserves the right to modify the Grab Marketing Service, or any part of it, for any reason at any time with or without notice to you.