By submitting the form in which these Grab Insight Partners Program Terms (“Terms”) are referred, You agree to comply with these Terms. “You” means you and the business, partnership, company, organization, or other person that you are signing on behalf of (“Merchant”).
1. Eligibility. By participating in this Program,
a. You may be allowed to test certain pre-production products and services or otherwise have access to certain confidential information (“Program Materials”) of Myteksi Sdn. Bhd., and/or its affiliate(s) (“Grab”).
b. You confirm that:
(i) You are at least of the minimum age required to accept these Terms in your jurisdiction and have the required authority to sign up on behalf of the Merchant;
(ii) You must allocate at least one personnel, who has experience in performing marketing-related tasks on Marketing Manager Mobile or Marketing Manager Pro, as representative of the Merchant to dedicate at least 1 hour per month to participate in the Program, which may be conducted via Zoom calls, email correspondences or otherwise, to provide timely and honest Feedback;
c. You agree that Your use of the Program Materials is subject to these Terms as well as the online terms and policies made available by Grab via its websites including www.grab.com, which are incorporated into these Terms by reference. In the event of any conflict between the online terms and policies and these Terms, these Terms shall prevail.
2. Participation Data. In connection with the Program,
(i) You may be asked to provide feedback, suggestions, recommendations or other ideas (“Feedback”). Any Feedback You provided must be truthful and not misleading, originated only from You and do not contain any information that you are not authorized to provide to Grab per these Terms.
(ii) You may be invited to speak with authorized personnel of Grab. If You participate in a live interview or event organized by Grab, You consent to recording audiovisual footage of the interview or event and that any feedback, suggestions, recommendations or other ideas provided in the course of the said interview or event shall be Feedback per these Terms.
3. Confidentiality. Grab will not share Feedback You provide through your participation in the Program with third parties in a manner that identifies You without Your permission, except for certain third parties operating on Grab’s behalf and for whom Grab shall be responsible for. You acknowledge that the Program and Program Materials as well as any information related thereto such as Feedback are highly proprietary and confidential to Grab. You may not disclose to any third party, or otherwise make public in any manner, any information Grab makes available to you in connection with the Program or under these Terms, including information about the Program Materials (including its existence, unreleased features, designs, and functionality); and may only use it internally for participating in the Program in accordance with these Terms. You agree not to share or discuss the Product details with any third party, including via social media, forums, or public reviews, unless and until the Product is officially released.
4. Purpose. You understand and agree that the purpose of the Program is to enable Grab to provide better products and services to its users; and Grab can, but is not obliged to, use all Feedback provided without obligation or compensation to You, including for research purposes and to improve its products and services.
5. Incentives. As a token of appreciation for Your participation, You may receive some incentives on a first-come, first-served basis and subject to availability. All incentives are to be provided, if at all, at Grab’s sole discretion. You agree that save where Grab has explicitly specified otherwise, no Program participants shall be entitled to any fee, compensation, incentives or consideration for their participation in connection with this Program and under these Terms.
6. Duration. These Terms become effective after You have submitted the form to which these Terms are attached to; and shall remain in effect until they are terminated. You or Grab may terminate for convenience at any time by providing a notice to the other party. All provisions of these Terms that should survive termination of these Terms (including but not limited to the confidentiality obligations herein) shall survive the termination.
7. Early Access. This Program and the Program Materials are provided “as is” without any warranties, either express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. The Program Materials may not perform as specified, may not remain available to You and may not be suitable for use for all use cases. Grab is not responsible or liable for any risks that may arise from Your participation in the Program, including Your use of Program Materials. To the maximum extent permitted by the applicable laws, Grab shall not have any liability arising out of or relating to the Program, Program Materials or these Terms for Your lost revenues or profits; indirect, special, incidental or consequential losses; or exemplary or punitive damages; and Grab’s aggregate liability arising out of or relating to this Program shall never exceed RM300.
8. Program Ownership. Grab retains all rights, title, and interest in the Program and Program Materials as well as anything else in connection with the same such as Feedback and related recordings and notes. Grab reserves the right to suspend, modify or vary the Program, Program Materials or any part in connection with the same without prior notice; and to mandate the execution of additional agreements, documents, or the acceptance of further terms or conditions at any time during the term of these Terms. Such additional agreements or terms may include, but are not limited to, those necessary for compliance with applicable laws, regulations, or policies, confirm Grab’s rights per these Terms, or to address new or unforeseen circumstances that arise during the course of this Program. You do not acquire any rights, title or interest, including without limitation intellectual property rights, under this Agreement. You may be allowed to use the Program Materials in connection with the Program, subject to the following conditions:
a. You shall only use the Program Materials to participate in the Program and provide Feedback as well as in accordance with the applicable laws;
b. You must adhere to any instructions and policies made available by Grab in connection with the Program or the Program Materials such as the Terms and Policies;
c. Where any account(s) and associated password(s) are provided to in connection with this Program, You must maintain confidentiality and security of the same and not allow any third party to access, view or otherwise use the account(s) and password(s) as well as shall at all times be responsible and liable for all activity on Your account.
d. You shall not misuse, and shall not authorize anyone to misuse, the Program Materials. Without prejudice to the generality of the foregoing provision, this includes without limitation not interfering with the operation of the Program Materials; not trying to access or use them in any manner aside from that prescribed by Grab; not to resell or repackage the Program Materials and not to reverse engineer the Program Materials.
e. You agree that the Program Materials are still being tested and that Your exclusive remedy under these Terms shall be termination in accordance with these Terms.
9. Miscellaneous. Neither party may discuss the parties’ relationship under these Terms without the other party’s permission. You may not assign or otherwise transfer any of Your rights or obligations under these Terms without Grab’s prior written consent. Any other attempted assignment is void. If any part of these Terms is invalid, illegal, or unenforceable, the rest of these Terms will remain in effect. These Terms states the entire agreement between the parties and supersedes all prior agreements and understandings with respect to the Program and Program Materials. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. These Terms do not create any agency, partnership, joint venture, or employment relationship. All claims arising out of or related to these Terms will be governed by Malaysia law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms (“Disputes“) or the Program 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 You and Grab ( “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. Notwithstanding the foregoing provisions, You may choose to submit a Dispute for mediation at the Malaysian International Mediation Centre and/or Small Claims Procedure, subject to their respective rules and guidelines.
10. Language. These Terms are made in the English language. Where required by the applicable laws to be translated into another language such as Malay language, You agree to rely on machine translation of the Terms. In the event of any discrepancy between the English version and the translated version, You agree that the English version shall prevail and the translated version shall automatically be deemed amended to the extent of such discrepancy.