Terms of Service: PayLater

Last modified: 30 March 2020

Important – please read these terms carefully. These terms apply to both Users (as defined below) who have opted to use the PayLater Services (as defined below) and Third Party Providers (as defined below) who are offering PayLater Postpaid or PayLater Instalment services.

By using the PayLater Services, you (either as User or Third Party Provider, where applicable) agree that you have read, understood, accepted and agreed with the terms of use as stated herein (collectively, the “PayLater Terms” or the “Agreement”). The PayLater Terms stated herein constitute a legal agreement between you and GrabTaxi Holdings Pte. Ltd. (“Grab”). Grab is a technology company that facilitates participating Third Party Providers and Users in their respective provision and use of the PayLater Services. Notwithstanding the above, the PayLater Services may be carried out by Grab’s affiliates(s) which shall be solely responsible to ensure that the obligations are carried out in accordance with this Agreement.

By using the Grab mobile application supplied to you by Grab (the “Application”) or any other relevant platform or electronic communication (collectively, the “Grab Platform”), and downloading, installing or using any associated software supplied by Grab (the “Software”) for the purpose of offering or using the PayLater Postpaid service or PayLater Instalment service (the “PayLater Postpaid service” or “PayLater Instalment service” and generally, the “PayLater Services”), you hereby expressly acknowledge and agree to be bound by these PayLater Terms, and any future amendments and additions to these PayLater Terms as published from time to time at https://www.grab.com/my/or through the Grab Platform.

Your continued use of the PayLater Services, whether or not reviewed by you, shall constitute your consent to and acceptance of the PayLater Terms. You further agree to the representations made by yourself below. If you do not agree to these PayLater Terms, please do not proceed to use the PayLater Services. If you have commenced the use of PayLater Services, you may notify Grab of your intention to discontinue the use of PayLater Services in accordance with Clause 9.

For the purpose of these PayLater Terms, wherever the context so requires:
(a) “User” shall mean any natural or legal person who is a user of the PayLater Services and has agreed to the PayLater Terms herein;
(b) “Processing Fee” means, in respect of Paylater Instalments and where the first instalment payment is paid on the date of purchase of the relevant product by the User, an amount equal to the relevant percentage (notified by GPNM and/or any other affiliate as Grab may approve acting as the collection agent to the Third Party Provider from time to time) of the amount of the first instalment paid.
(c) “Third Party Provider” means an independent third party who provides goods and/or services to Users via the PayLater Postpaid serviceor PayLater Instalment service, as the case may be, and who has entered into a receivables purchase agreement and/or any other relevant documentation (the “Receivables Purchase Agreement”) with an assignee, where it has been agreed between Third Party Provider and such assignee that Third Party Provider will receive payment in exchange for Third Party Provider’s assignment of the receivables. Third Party Providers include but are not limited to drivers, delivery partners and third party merchants.

Consumer advisory – the PayLater Services do not constitute a loan, credit card or charge card facility provided to you by Grab and/or its affiliates.

1. PayLater Postpaid

1.1 Use of PayLater Postpaid

1.1.1 If you are a Third Party Provider, you shall offer PayLater Postpaid service in respect of any payment transaction between you and the User in respect of the goods and/or services you provide. In this respect, you agree:

(a) to offer the User deferred payment terms such that the User shall only be obliged to pay you, on an interest-free basis, the payment in respect of the payment transaction (including tips, where applicable) as a single deferred payment by the date falling on the 7th day of the subsequent month after the month of the payment transaction (the “PayLater Postpaid Payment Deadline”);
(b) to sell and assign all payments due to you for your provision of goods and/or services to the User, including tips (where applicable) pursuant to the Receivables Purchase Agreement, agreed between you and such party pursuant to which you will receive payment in exchange for your assignment of the receivables;
(c) that you acknowledge and confirm that Grab’s affiliate, GPay Network (M) Sdn Bhd (“GPNM”) and/or any other affiliate as Grab may approve, shall administer and act as your collection agent to pay to you the total amount due to you in accordance with the Receivables Purchase Agreement and as your disbursement agent to disburse any amount owed by you in accordance with the Receivables Purchase Agreement to the User or assignee of the receivables; and
(d) that Grab may facilitate any such payment to you by the User whether through the Grab Platform or otherwise (including by way of provision of the User’s name and contact information to you).

1.1.2 If you are a User, you may, where available, select the PayLater Postpaid servicewithin the Grab Platform in respect of any payment transaction concluded in the Grab Platform between you and any Third Party Provider.

1.1.3 If you are a User, you agree that Grab reserves the right to impose such limits, restrictions and/or further conditions to your access to and use of the PayLater Postpaid service. In the event that you choose to pay for your goods and/or services on a deferred basis via PayLater Postpaid:

(a) the Third Party Provider will offer to you deferred payment terms such that you shall only be obliged to pay the Third Party Provider, on an interest free basis the payment in respect of the payment transaction (including tips, where applicable) by the PayLater Postpaid Payment Deadline;
(b) you agree that the Third Party Provider may sell and assign such receivables due from you to an assignee. You will be notified upon such assignment whereupon you shall be required to pay such assignee the receivables under the same payment terms made available to you by the Third Party Provider under PayLater Services;
(c) you agree that Grab may provide your personal information, including but not limited to your name and contact information, to the Third Party Provider or its respective assignee to facilitate payment by you to the Third Party Provider or its assignee; and
(d) you agree that if you fail to make eventual payment under the PayLater Postpaid service (whether to the Third Party Provider or its assignee) by the PayLater Postpaid Payment Deadline, the Third Party Provider or its assignee and/or any person acting on their behalf (including Grab) may take such steps as are necessary to enforce payment by you.
1.1.4 Grab 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 Grab reasonably believes you, either as User or Third Party Provider, to be in breach of these PayLater Terms. In such event, you agree that you shall not hold Grab liable for any withholding of, delay in, suspension of or cancellation of, any payment to or by you.

1.2 Payment Process for PayLater Postpaid

1.2.1 Grab, on behalf of the Third Party Provider and/or its assignee, shall issue to the User an aggregated payment statement or bill before each PayLater Postpaid Payment Deadline(s) (the “PayLater Postpaid Bill(s)”).

1.2.2 The main mode of payment for the PayLater Postpaid Bill(s) and/or any related fees shall be via GrabPay Credits (as defined in the GrabPay Terms of Use). Users may choose to add any credit cards or such other methods of making payment into the GrabPay Wallet as are made available in the Grab Platform (each a “Funding Source”) to purchase GrabPay Credits to make payments towards the PayLater Postpaid Bill(s) and/or any related fees. The terms set out in the GrabPay Terms of Use shall apply.

1.2.3 Users may choose any other mode of payment made available to them by Grab on the Grab Platform to make payments towards the PayLater Postpaid Bill(s) and/or any related fees.

1.2.4 There shall be no charges levied by the Third Party Provider or Grab on the usage of the PayLater Services other than as agreed with the User in writing.

1.2.5 Auto-Deduction and Auto-Top Up features:

(a) Auto-Deduction: User may elect to enable GPNM to make an automatic deduction to make payment of all monies owed to the Third Party Provider or its assignee and/or any person acting on their behalf (including Grab) under the PayLater Postpaid Bill(s) from the User’s GrabPay Credits on the PayLater Postpaid Payment Deadlines, without further consent from the User. User shall ensure that there is sufficient GrabPay Credits in the User’s GrabPay Wallet on the PayLater Postpaid Payment Deadline. If the User’s GrabPay Credits are insufficient for the purposes of discharging the PayLater Postpaid Bill(s) on any PayLater Postpaid Payment Deadlines, GPNM may, at any time after that PayLater Postpaid Payment Deadline, make automatic deductions of GrabPay Credits, where available, to make payment of any outstanding amount under that PayLater Postpaid Bills(s).
(b) Auto Top-Up, Auto-Deduct feature: Where available, Users may elect to enable GPNM to automatically purchase sufficient GrabPay Credits on behalf of the User from the User’s preferred Funding Sources for the sole purpose of making payments of any PayLater Postpaid Bill(s).

1.2.6 As agreed in these PayLater Terms, if full payment is not made (whether directly by the User or via the Auto-Deduct feature) for the PayLater Postpaid Bill(s) (whether to the Third Party Provider or its assignee) by the PayLater Postpaid Payment Deadline(s), the Third Party Provider or its assignee and/or any person acting on their behalf (including Grab and/or its affiliates) may take such steps as are necessary to enforce payment by the User, including the suspension of the User’s access to and use of the Grab Platform and/or the PayLater Services and/or the PayLater Postpaid servicewithin the Grab Platform.

1.2.7 In the event of suspension, Grab will levy an administrative fee of RM 10 to re-activate a User’s access to and use of the Grab Platform and/or the PayLater Services and/or the PayLater Postpaid service (as applicable) within the Grab Platform.

1.3 Refund Process for PayLater Postpaid

1.3.1 Refunds on goods and/or services after User has paid PayLater Postpaid Bill: In the event where you, as a User, is due a full or partial refund for the goods and/or services purchased from a Third Party Provider using the PayLater Services, but has made payment of the PayLater Postpaid Bill for which such goods and/or services fall under, you hereby acknowledge and agree that:

(a) such Third Party Provider may pay Grab’s affiliate, GPNM and/or any other affiliate as Grab may approve, acting in its capacity as a disbursement agent of the Third Party Provider, such refund amount due to you;
(b) Grab’s affiliate, GPNM and/or any other affiliate as Grab may approve will apply such refund amount on your behalf to make payment of any PayLater Postpaid Bill(s) which is outstanding or make payment of any of your future transactions made using the PayLater Postpaid service; and
(c) in the event that you, as a User, terminates this Agreement in accordance with Clause 9.1, any refund amount not applied to any PayLater Postpaid Bill(s) will be remitted to you as GrabPay Credits.

2. Use of PayLater Instalments

2.1 Use of PayLater Instalments

2.1.1 If you are a Third Party Provider, you shall, pursuant to the Receivables Purchase Agreement, offer PayLater Instalment as a service in respect of any payment transaction between you and the User in respect of the goods and/or services you provide. In this respect, you agree:

(a) to offer the User deferred payment terms such that the User shall only be obliged to pay you, on an interest-free basis, the payment in respect of the payment transaction (including tips, where applicable) by way of: (i) three equal monthly instalment payments, with the first monthly instalment due to be paid on the date falling one month from the date of the payment transaction or (ii) three equal instalment payments, with the first instalment payment being payable at the time of purchase and the second and third instalments being due on the date falling one month and two months from the date of the payment transaction respectively, and provided that whether the deferred payment terms in this Clause 2.1.1(a)(i) or (ii) will be offered to the User will be agreed with Grab from time to time (collectively, the “PayLater Instalment Payment Deadlines”);
(b) to sell and assign all payments (except the first instalment payment referred to in Clause 2.1.1(a)(ii) above) due to you for your provision of goods and/or services to the User, including tips (where applicable), pursuant to the Receivables Purchase Agreement agreed between you and such party under which you will receive payment in exchange for your assignment of the receivables;
(c) that you acknowledge and confirm that Grab’s affiliate, GPNM and/or any other affiliate as Grab may approve, shall administer and act as your collection agent to pay to you the total amount due to you in accordance with the Receivables Purchase Agreement and (where the first instalment payment is payable on the date of purchase of the relevant product by the User) to collect and pay to you the first instalment payment (less any applicable Processing Fee in respect of that first instalment payment or any other first instalment payment which is due or remains outstanding) and as your disbursement agent to disburse any amount owed by you in accordance with the Receivables Purchase Agreement to the User or assignee of the receivables;
(d) that Grab and/or its affiliates may facilitate any such payment to you by the User whether through the Grab Platform or otherwise (including by way of provision of the User’s name and contact information to you); and
(e) that where the first instalment payment is payable at the time of purchase, a non-refundable Processing Fee shall be due and payable from you to Grab’s affiliate, GPNM and/or any other affiliate as Grab may approve, on the date that such first instalment is paid.

2.1.2 If you are a User, you may, where available, select the PayLater Instalment service within the Grab Platform in respect of any payment transaction concluded in the Grab Platform between you and any Third Party Provider.

2.1.3 If you are a User, you agree that Grab reserves the right to impose such limits, restrictions and/or further conditions to your access to and use of the PayLater Instalment service. In the event that you choose to pay for your goods and/or services on a deferred basis via PayLater Instalment:

(a) the Third Party Provider will offer to you deferred payment terms such that you shall only be obliged to pay the Third Party Provider on an interest-free basis the payments in respect of a payment transaction (including tips, where applicable), by way of equal periodic instalment payments due to be paid by the PayLater Instalment Payment Deadlines, and if applicable, the first instalment payment due to be paid by the time of purchase;
(b) you agree that the Third Party Provider may sell and assign such receivables due from you to an assignee. You will be notified upon such assignment whereupon you shall be required to pay such assignee the receivables under the same payment terms made available to you by the Third Party Provider under PayLater Instalment;
(c) you agree that Grab may provide your personal information, including but not limited to your name and contact information, to the Third Party Provider or its respective assignee to facilitate payment by you to the Third Party Provider or its assignee; and
(d) you agree that if you fail to make eventual payment under the PayLater Instalment service (whether to the Third Party Provider or its assignee) by the PayLater Instalment Payment Deadlines, the Third Party Provider or its assignee and/or any person acting on their behalf (including Grab) may take such steps as are necessary to enforce payment by you.

2.1.4 Grab 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 Grab reasonably believes you, either as User or Third Party Provider, to be in breach of these PayLater Terms. In such event, you agree that you shall not hold Grab liable for any withholding of, delay in, suspension of or cancellation of, any payment to or by you.

2.2 Payment Process for PayLater Instalments

2.2.1 Grab, on behalf of the Third Party Provider and/or its assignee, shall issue to the User an aggregated payment statement or bill before each PayLater Instalment Payment Deadlines (the ” PayLater Instalment Bill(s)”).

2.2.2 The main mode of payment for the PayLater Instalment Bill(s) and/or any related fees and any first instalment payment payable at the time of purchase shall be via GrabPay Credits (as defined in the GrabPay Terms of Use). Users are required to add any credit cards or such other methods of making payment into the GrabPay Wallet as are made available in the Grab Platform (each a “Funding Source”) to purchase GrabPay Credits to make payments towards the PayLater Instalment Bill(s) and/or any related fees any first instalment payment payable at the time of purchase. The terms set out in the GrabPay Terms of Use shall apply.

2.2.3 If applicable, Users may choose any other mode of payment made available to them by Grab on the Grab Platform to make payments towards the PayLater Instalment Bill(s) and/or any related fees and any first instalment payment payable at the time of purchase.

2.2.4 There shall be no charges levied by the Third Party Provider or Grab on the usage of the PayLater Services other than as agreed with the User in writing.

2.2.5 Auto-Deduction and Auto-Top Up features:

(a) Auto-Deduction: User hereby agrees to enable GPNM to make an automatic deduction of all monies owed to the Third Party Provider or it’s assignee and/or any person acting on their behalf (including Grab) under the PayLater Instalment Bill(s) from the User’s GrabPay Credits on the PayLater Instalment Payment Deadlines, without further consent from the User.
(b) Auto Top-Up, Auto-Deduct feature: If the User’s GrabPay Credits are insufficient for the purposes of discharging the PayLater Instalment Bill(s) by the PayLater Instalment Payment Deadlines Users hereby agree to enable GPNM to automatically purchase sufficient GrabPay Credits on behalf of the User from the User’s preferred Funding Sources for the sole purpose of making auto-deductions and payments of any PayLater Instalment Bill(s).

2.2.6 For the avoidance of doubt, in the event GPNM is unable to make automatic deduction of all monies owed by the User under the PayLater Instalment Bill(s) on the PayLater Instalment Payment Deadlines for whatever reason, GPNM is irrevocably authorized to continue to make auto deduction as at Clause 2.2.5(a) or auto top-up and auto deduction as at Clause 2.2.5(b) until full payment is received.

2.2.7 As agreed in these PayLater Terms, if full payment is not made (whether directly by the User or via the Auto-Deduct feature) for the PayLater Instalment Bill(s) (whether to the Third Party Provider or its assignee), the Third Party Provider or its assignee and/or any person acting on their behalf (including Grab) may take such steps as are necessary to enforce payment by the User, including the suspension of the User’s access to and use of the Grab Platform and/or the PayLater Services and/or the PayLater Postpaid service within the Grab Platform.

2.2.8 The User agrees that GPNM and/or any other affiliate as Grab may approve acting as the collection agent may impose a payment failure fee of RM10 each time that a non-payment of any PayLater Instalment Bill(s) from a User has not been fully paid by the 7th consecutive day from the date of the relevant PayLater Instalment Payment Deadline.

2.3 Refund Process for PayLater Instalments

2.3.1 Refunds on goods and/or services after User has paid PayLater Instalment Bill: In the event where you, as a User, is due a full or partial refund for the goods and/or services purchased from a Third Party Provider using the PayLater Services, but has made payment of the PayLater Instalment Bill(s) for which such goods and/or services fall under, you hereby acknowledge and agree that:

(a) such Third Party Provider may pay Grab’s affiliate, GPNM and/or any other affiliate as Grab may approve, acting in its capacity as a disbursement agent of the Third Party Provider, such refund amount due to you; and
(b) Grab’s affiliate, GPNM and/or any other affiliate as Grab may approve will apply such refund amount on your behalf to make payment of any PayLater Instalment Bill(s) which is outstanding or make payment of any of your future transactions made using the PayLater Instalment service;
(c) in the event that you, as a User, terminates this Agreement in accordance with Clause 9.1, any refund amount not applied to any PayLater Instalment Bill(s) will be remitted to you as GrabPay Credits.

3. Representations, Warranties and Undertakings

3.1 By using the PayLater Services, you expressly represent, warrant and undertake that:

(a) you are legally entitled to accept and agree to these PayLater Terms;
(b) all the information which you provide shall be true and accurate;
(c) when using the PayLater Services, you shall comply with all applicable laws whether in Malaysia or otherwise in the country, state and city in which you are present while using the PayLater Services;
(d) you may only access the PayLater Services using authorized means. It is your responsibility to check and ensure that you are utilizing the correct PayLater Services;
(e) you will only use the PayLater Services for lawful purposes;
(f) you will only use the PayLater Services for the purpose for which it is intended to be used;
(g) you will not use the Grab Platform or the PayLater Services for sending or storing any unlawful material or for fraudulent purposes;
(h) you will not use the Grab Platform and/or the PayLater Services to cause nuisance, annoyance, or inconvenience;
(i) you will not try to harm the PayLater Services and/or the Grab Platform in any way whatsoever;
(j) you agree to notify Grab immediately of any unauthorized use of your PayLater Services account or any other breach of security;
(k) you will provide Grab with proof of identity as it may reasonably request or require;
(l) you agree to provide accurate, current and complete information as required for the PayLater Services 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 Grab 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, Grab has the right but not the obligation to terminate this Agreement and your use of the PayLater Services at any time with or without notice;
(m) you shall not employ any means to defraud Grab or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by Grab to encourage new subscription or usage of the PayLater Services by new or existing customers;
(n) you agree that the PayLater Services are provided on a reasonable effort basis;
(o) you agree that your use of the PayLater Services will be subject to Grab’s Privacy Policy; and
(p) you agree to assume full responsibility and liability for all loss or damage suffered by yourself, Grab or any other party as a result of your breach of this Agreement.

3.2 If you are a Third Party Provider, you further represent, warrant and undertake that:

(a) if applicable, you have all the appropriate licenses, approvals and authority to provide the goods and/or services to the Users in which you are offering PayLater Postpaid as a service in accordance with these PayLater Terms;
(b) you shall be solely responsible for any and all claims, judgments and liabilities resulting from any loss or damage which is due to or is alleged to be a result of the goods and/or services provided by you;
(c) you shall obey all laws related to the operation of your business and/or sale of your goods and/or services and will be solely responsible for any violations of such laws;
(d) you shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Grab Platform, or any other customer of Grab, including without limitation any user account not owned by you, to its source, or exploit the Grab Platform, or any service or information made available or offered by or through the Grab Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Grab Platform;
(e) if you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement; and
(f) you are strictly forbidden to use the PayLater Services for other purposes such as but not limited to data mining of Grab’s information or information related to the Grab Platform and/or the PayLater Services. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Grab reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the PayLater Postpaid service other than for the purpose for which it is intended to be used.

3.3 If you are a User, you further represent, warrant and undertake that:

(a) your use of the PayLater Services is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor; and
(b) you shall not to authorize others to use your identity or User status, and you may not assign or otherwise transfer your PayLater Postpaid account or PayLater Postpaid Bill(s) or PayLater Instalment Bill(s) (whichever applicable) to any other person or entity.

4. Taxes

4.1 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.

4.2 You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend Grab 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 PayLater Services under this Agreement.

5. Data Privacy & Personal Data Protection Policy

5.1 You agree and consent to Grab collecting, using, disclosing and processing your Personal Data for the Purposes and in the manner as identified hereunder.

5.2 For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to Grab by any means and/or any information about you that has been or may be collected, stored, used and processed by Grab.

5.3 The provision of your Personal Data is voluntary. However, if you do not provide Grab your Personal Data, your application/request to use the PayLater Services may be incomplete and Grab will not be able to process your Personal Data for the Purposes outlined below and may cause Grab to be unable to allow you to use the PayLater Services.

5.4 Grab may collect, use, disclose and process your Personal Data for business and activities of Grab which shall include, without limitation the following (the “Purposes”):

(a) to perform Grab’s obligations in respect of any contract entered with you;
(b) to provide you with any services pursuant to the PayLater Terms herein;
(c) process, manage or verify your application for the PayLater Services pursuant to the PayLater Terms herein;
(d) to validate and/or process payments pursuant to the PayLater Terms herein;
(e) to process any refunds, rebates and or charges pursuant to the PayLater Terms herein;
(f) to facilitate or enable any checks as may be required pursuant to the PayLater Terms herein;
(g) to develop, enhance and provide what is required pursuant to the PayLater Terms herein to meet your needs;
(h) to conduct due diligence checks, credit assessment or evaluation with credit reporting agencies;
(i) for internal administrative purposes, such as auditing, data analysis, database records;
(j) for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Malaysia or overseas);
(k) for Grab to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Malaysia or overseas including disclosing such Personal Data to Malaysia and overseas law enforcement agencies or courts);
(l) to respond to questions, comments and feedback from you;
(m) in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data,
provided that in the event your data is shared with third parties including but not limited to Grab’s affiliate companies, such third party shall be contractually obliged to provide no less protection for that data than Grab.

5.5 In addition to the above, Grab may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):

(a) to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
(b) to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from Grab and/or its affiliate companies, its partners, advertisers and or sponsors;
(c) to notify and invite you to events or activities organized by Grab and/or its affiliate companies, its partners, advertisers, and or sponsors; and/or
(d) to share your Personal Data amongst the companies within Grab’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with Grab’s and Group’s agents, Third Party Providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

5.6 If you do not consent to Grab processing your Personal Data for any of the Marketing Purposes, or if any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications, please notify Grab through the HelpCenter: https://help.grab.com/passenger/en-my/115005943607-How-do-I-opt-in-or-opt-out-of-marketing-communications or if there are any queries about your personal data, please contact Grab by calling 1300 80 5858.

5.7 Grab will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

5.8 Grab is committed to full compliance with the provisions of the Personal Data Protection Act 2010 and has appointed a Personal Data Protection Officer for these purposes. Such officer may be communicated with in writing at the above email address. Such officer may be communicated with in writing at the above messaging service address or by calling 1300 80 5858.

5.9 A copy of the provisions of this Data Privacy & Personal Data Protection Policy in Bahasa Melayu may be accessed at https://www.grab.com/my/privacy/.

6. Third Party Interactions

6.1 During use of the PayLater Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of Third Party Providers, advertisers or sponsors showing their goods and/or services through the PayLater Services and/or the Grab Platform.

6.2 Save as set out in these PayLater Terms or any other agreement pursuant to the PayLater Services, any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable Third Party Provider.

6.3 Save as set out in these PayLater Terms or any other agreement pursuant to the PayLater Services, Grab and/or its affiliate companies and their licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such Third Party Provider.

6.4 Grab provides the PayLater Services to you pursuant to the PayLater Terms. You recognize, however, that certain Third Party Providers may require your agreement to additional or different terms of use prior to your use of or access to such goods or services, and save as set out in these PayLater Terms or any other agreement pursuant to the PayLater Services, Grab is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and such Third Party Providers.

7. Indemnification

By agreeing to the PayLater Terms upon using the PayLater Services, you agree that you shall defend, indemnify and hold Grab, 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:

(a) your use of the PayLater Services and/or the Grab Platform in your dealings with Third Party Providers and other third-party merchants, transportation providers, partners, advertisers and/or sponsors, where applicable;
(b) your violation or breach of any of the PayLater Terms or any applicable law or regulation, whether or not referenced herein;
(c) your violation of any rights of any third party; and
(d) your misuse of the PayLater Services and/or the Grab Platform.

8. Limitation of Liability

8.1 Grab makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the PayLater Services and/or the Grab Platform.

8.2 Grab does not represent or warrant that:

(a) The use of the PayLater Services and/or the Grab Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
(b) The PayLater Services will meet your requirements or expectations;
(c) Any stored data will be accurate or reliable;
(d) The quality of any products, services, information, rewards or another material purchased or obtained by you through the PayLater Services will meet your requirements or expectations; or
(e) Errors or defects in the PayLater Services will be corrected.

8.3 The PayLater Services are provided to you strictly on an “as is” basis.

8.4 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.
8.5 The PayLater Services and/or the Grab Platform may be subject to limitations, delays and other problems inherent in the use 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. Grab is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

8.6 To the fullest extent permitted by law, Grab 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 you use of the PayLater Services and/or the Grab Platform.

9. Termination

9.1 Subject to Clause 9.5 and 9.6, either Grab or you may terminate this Agreement on one month’s notice in writing and you will be disabled from further use of PayLater Services at the end of the one month notice period.

9.2 You hereby agree that this Agreement shall terminate immediately in the event that you are:
(a) declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration;
(b) found in default of your debt obligations to a licensed bank by a Malaysian court; or
(c) deceased.

9.3 In the event of any of the above, Grab reserves the right to deal with any such trustee, executive or representative of the Malaysian courts as in its sole discretion is considers appropriate in relation to the administration of any outstanding payments towards the PayLater Postpaid Bill(s) or PayLater Instalment Bill(s) (whichever applicable).

9.4 You hereby agree that Grab 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.

9.5 As a User, you acknowledge and agree that while Grab may disable your further use of PayLater Services, you will not be able to terminate this Agreement if there are any amounts or payments outstanding due to a Third Party Provider and/or its assignee.

9.6 As a Third Party Provider, you acknowledge and agree that while Grab may disable your further use of PayLater Services, you will not be able to terminate this Agreement if there are any amounts or payments outstanding due to a User, your assignee or Grab’s affiliate, GPNM and/or any other affiliate as Grab may approve, acting in its capacity of the assignee’s collection agent.

10. Complaints about use of the Service

10.1 Users are invited to contact Grab in the first instance in the event they wish to make a complaint about the use of the PayLater Services either via the following Customer Service line: Tel: 1300 80 5858 or via our Help Centre: https://help.grab.com/passenger/en-my/

10.2 You agree to raise any complaints and disputes about incorrect PayLater Services within one month of the transaction for payment of goods and services or within seven days of the payment of the PayLater Postpaid Bill(s) or PayLater Instalment Bill(s) (whichever applicable).

11. Notices

11.1 Grab may give notice by means of a general notice on the Application, or by electronic mail to your email address in the records of Grab, or by written communication sent by registered mail or pre-paid post to your address in the record of Grab. 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).

11.2 You may give notice to Grab (such notice shall be deemed given when received by Grab) by letter sent by courier or registered mail to Grab using the contact details as provided in the Application.

12. Assignment

12.1 This Agreement as constituted by the PayLater Terms as modified from time to time may not be assigned by you without the prior written approval of Grab but may be assigned without your consent by Grab.

12.2 Any purported assignment by you in violation of this section shall be void.

13. General

13.1 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 PayLater Terms or the PayLater Services 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 the parties (the “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.

13.2 GPNM and any other affiliate of Grab approved as the collection agent or disbursement agent may enforce and rely on any right, benefit or authorization conferred on it under these Terms and Conditions.

13.3 No joint venture, partnership, employment, or agency relationship exists between you, Grab or any Third Party Provider as a result of these PayLater Terms or use of the PayLater Services.

13.4 If any provision of the PayLater Terms 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.

13.5 The failure of Grab to enforce any right or provision in the PayLater Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Grab in writing.

14. Indemnification

  • By agreeing to the Terms of Use 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 Use 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.

15. 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 and/or Rewards will meet your requirements or expectations;
    • Any stored data will be accurate or reliable;
    • The quality of any products, services, information, rewards or another material purchased or obtained by you through the Application will meet your requirements or expectations;
    • Errors or defects in the Application and/or the Software will be corrected; or
    • The Application or the Server that make the application available are free of viruses or other harmful components.
  • The Service and Rewards are 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 the internet and electronic communications including the device used by you or other GrabPay Wallet 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 you use of the Service, the Application and/or the Software.

16. Termination

  • Either the Company or you may terminate this Agreement on one month’s notice in writing to the other.
  • 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;
    • found in default of your debt obligations to a licensed bank by a Malaysian court;
    • deceased; or
    • found to be in breach of any of the terms stipulated in this Agreement.
  • 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 is considers appropriate in relation to the administration of any outstanding balance of Credits in the GrabPay Wallet.

17. Complaints about use of the Service

  • Users are invited to contact the Company in the first instance in the event they wish to make a complaint about the use of the Service either via the following Customer Service line: Tel: 1300 80 5858 or via the following messaging service: https://help.grab.com/hc/ms
  • The Company wishes to make users aware of the Bank Negara Malaysia BNMLINK and TELELINK services concerning complaints and redress about the conduct and activities of regulated entities, including issuers of Designated Payment Instruments such as the Company. The Company is committed to full cooperation with the BNMLINK and TELELINK services and encourages users to make full use of these services should they wish to do so. Details of the BNMLINK and TELELINK services can be accessed at the following link: http://www.bnm.gov.my/?ch=en_complaint_redress
  • You agree to raise any complaints and disputes about incorrect Service within one month of the transaction, or of you becoming aware of the fraudulent usage of the GrabPay Wallet, whichever is earlier.
  • Notwithstanding the other provisions of these Terms of Use, the Company is a member of the Financial Ombudsman Scheme approved by Bank Negara Malaysia. The operator approved to operate the scheme is the Ombudsman for Financial Services (OFS), an independent alternative dispute resolution channel covering eligible Malaysia customers. OFS services are provided free of charge to eligible complainants who may be dissatisfied with the Company’s resolution of any dispute. For more information on the timeframe to file the dispute and the types of award that may be granted by OFS, please visit ofs.org.my.

18. Notices

  • The Company may give notice by means of a general notice on 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 Application.

19. Assignment

  • This Agreement as constituted by the Terms of Use 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.

20. General

  • This Agreement shall be governed by Malaysianlaw, 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 Use 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 the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the 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.
  • 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 Use or use of the Service.
  • If any provision of the Terms of Use 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 Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use 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.

21. GrabRewards Loyalty Programme

  • By using the Application, you will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by the Company and/or its Affiliates (“GrabRewards Loyalty Programme”, or as the context requires, the “Programme”). 
  • Upon a successful registration for a Grab account, all Grab Users shall automatically be accorded with “GrabRewards Member” status and may commence accumulating GrabRewards points (“Points”) from qualifying transactions under the Programme. The GrabRewards Loyalty Programme membership is non-transferable and shall be for personal use of the Grab User only. 
  • As a member of the GrabRewards Loyalty Programme, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by the Company and/or third-party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”). The Company may, at its sole and absolute discretion, award you Points which can be used to redeem for Rewards upon the completion of the qualifying transactions. You may earn points by such methods as are provided for by the Company from time to time.
  • The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.
  • Points accumulated by the Member shall expire in the event the Member does not earn any points within the timeframe stipulated for your country. The timeframe may differ in different geographical locations. In such an event, the accumulated Points shall be automatically forfeited at the absolute discretion of Grab and without notice to the Member. Forfeited Points cannot be reinstated.
  • You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. The Company shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion. You agree that you will have no claim whatsoever against the Company for any expired Points.
  • Partnership Programmes: The Company may periodically offer conversion of points to the points systems of partner rewards programmes, subject to the following:
    • Upon completion of the points conversion transaction under such conversion, reversal of the conversion of points is not possible.
    • The Company accepts no responsibility for errors in the crediting of points subject to such conversions, other than in relation to errors resulting from its own negligence.
  • The conversion of points from the GrabRewards Loyalty Programme to points under partner programme(s) is subjected to the partner’s terms and conditions. Once converted into partner programme points, the converted points are also subject to the partner’s terms and conditions
  • Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • If you comply with all these Terms of Use and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of the Company or the third-party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
  • You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against the Company for any expired e-vouchers.
  • Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
  • The Company may at its sole and absolute discretion and without prior notice to you, reject your request to redeem Points for any reason whatsoever, including without limitation, where
    • There are insufficient Points to redeem for the particular Reward;
    • The Reward is no longer made available or out-of-stock by the third party merchant
    • The Points you wish to use for redemption of Rewards have been issued to you in error; or
    • The Company reasonably believes that that redemption transaction may be suspicious, illegal, involves any criminal activity or involves points that have been obtained through dishonest or fraudulent means or abusive behaviour
  • You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.
  • The GrabRewards Loyalty Programme offers four (4) membership tiers as follows:
    • an entry membership tier known as “Member”;
    • a basic membership tier known as “Silver”;
    • a mid-level membership tier known as “Gold”; and
    • a premier membership tier known as “Platinum”.
  • Certain Points earnt under the GrabRewards Loyalty Programme shall be designated as “Qualifying Points”. Such Qualifying Points shall exclude Points issued by designated marketing campaigns, refunds, appeasements and such other events to be determined by Grab in its sole discretion.
  • Qualifying Points earned between 1 January to 30 June in a calendar year shall qualify you for the applicable membership tier from 1 July to 31 December of that calendar year.
  • Qualifying Points earned between 1 July to 31 December in a calendar year shall qualify you for the applicable membership tier from 1 January to 30 June of the next calendar year.
  • Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Qualifying Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.
  • The benefits and privileges of each membership tier shall be as set out from time to time in the Application.
  • If you do not wish to be a member of the GrabRewards Loyalty Programme, you may do so by opting out though the Application.
  • Upon your cessation to be a member of the GrabRewards Loyalty Programme, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
  • The Company reserves the right to hold the issuance of Points earned until the transaction, including payment, are completed. Points earned from purchases from Partners will only be issued if the good(s) and service(s) purchased are not returned, cancelled or refunded.
  • Fraud, abuse of redemptions or any dishonest activities related to the GrabRewards Loyalty Programme may result in the forfeiture of accumulated Points as well as, demotion of your membership tier, cancellation of your membership in the GrabRewards Loyalty Programme or termination of your account.
  • To the extent as permitted by applicable laws, the Company reserves the right at any time to:
    • vary, modify or amend the terms and conditions of the GrabRewards Loyalty Programme (including adding or deleting any terms);
    • terminate or modify the GrabRewards Loyalty Programme;
    • revoke, adjust and/or recalculate any Points awarded;
    • change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
    • change the number of Points that can be earned on spendings on qualifying transportation services;
    • modify the qualifications and eligibility for earning Points;
    • modify the activities that earn Points;
    • modify the methods used to calculate the number of Points to be awarded;
    • withhold or cease the awarding of Points to you;
    • modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
    • change or withdraw any benefits related to a particular membership tier; and/or
    • change the duration taken for Points to expire.

without prior notice to you and at its sole discretion.

  • The Company may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
  • You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.

Schedule of Applicable Fees and Charges

  • Use of the Consumer GrabPay Wallet for domestic payments and transfers in Malaysia is free to all users.
  • User of the Business Consumer GrabPay Wallet is free to all transportation providers as notified to the Company by MyTeksi Sdn. Bhd. and/or GrabCar Sdn. Bhd. for domestic payments and transfers.
  • Use of the Business GrabPay Wallet by Merchants shall be subject to a merchant discount rate commission on the total payment volume received payable by the Merchant to the Company of 2.5% or such other amount as is agreed in writing between the Company and the Merchant.

TERMS OF USE: PAYLATER

Last modified: 13 February 2020

Important – please read these terms carefully. These terms apply to both Users (as defined below) who have opted to use the PayLater Services (as defined below) and Third Party Providers (as defined below) who are offering PayLater or PayLater Online payment methods. 

By using the PayLater Services, you (either as User or Third Party Provider, where applicable) agree that you have read, understood, accepted and agreed with the terms of use as stated herein (collectively, the “PayLater Terms” or the “Agreement”). The PayLater Terms stated herein constitute a legal agreement between you and GrabTaxi Holdings Pte. Ltd. (“Grab”). Grab is a technology company that facilitates participating Third Party Providers and Users in their respective provision and use of the PayLater Services.

By using the Grab mobile application supplied to you by Grab (the “Application”) or any other relevant platform (collectively, the “Grab Platform”), and downloading, installing or using any associated software supplied by Grab (“the Software”) for the purpose of offering or using the PayLater payment method or PayLater Online payment method (the “PayLater payment method” or “PayLater Online payment method” and generally, the “PayLater Services”), you hereby expressly acknowledge and agree to be bound by these PayLater Terms, and any future amendments and additions to these PayLater Terms as published from time to time at https://www.grab.com/my/ or through the Grab Platform.

Your continued use of the PayLater Services, whether or not reviewed by you, shall constitute your consent to and acceptance of the PayLater Terms. You further agree to the representations made by yourself below. If you do not agree to these PayLater Terms and wish to discontinue using the PayLater Services, please do not continue your use of the PayLater Services.

For the purpose of these PayLater Terms, wherever the context so requires:

(a)           User” shall mean any natural or legal person who is a user of the PayLater Services and has agreed to the PayLater Terms herein;

(b)           Third Party Provider” means an independent third party who provides goods and/or services to Users via the PayLater payment method or PayLater Online payment method, as the case may be, and who has entered into a receivables purchase agreement and/or any other relevant documentation (the “Receivables Purchase Agreement”) with an assignee, where it has been agreed between Third Party Provider and such assignee that Third Party Provider will receive payment in exchange for Third Party Provider’s assignment of the receivables. Third Party Providers include but are not limited to drivers, delivery partners and third party merchants.

Consumer advisory – the PayLater Services do not constitute a loan, credit card or charge card facility provided to you by Grab and/or its affiliates.

1.             Use of PayLater

1.1          If you are a Third Party Provider, you shall, pursuant to the Receivables Purchase Agreement, offer PayLater as a payment method in respect of any payment transaction between you and the User in respect of the goods and/or services you provide. In this respect, you agree:

(a)           to grant the User deferred payment terms such that the User shall only be obliged to pay you, on an interest-free basis, the payment in respect of the payment transaction (including tips, where applicable) by the date falling on the 7th day of the subsequent month after the month of the payment transaction (the “PayLater Payment Deadline”);

(b)           to sell and assign all payments due to you for your provision of goods and/or services to the User, including tips (where applicable) pursuant to the Receivables Purchase Agreement, agreed between you and such party pursuant to which you will receive payment in exchange for your assignment of the receivables;

(c)           that you acknowledge and confirm that Grab’s affiliate, GPay Network (M) Sdn Bhd and/or any other affiliate as Grab may approve, shall administer and act as your collection agent to pay to you the total amount due to you in accordance with the Receivables Purchase Agreement and as your disbursement agent to disburse any amount owed by you in accordance with the Receivables Purchase Agreement to the User or assignee of the receivables; and

(d)           that Grab may facilitate any such payment to you by the User whether through the Grab Platform or otherwise (including by way of provision of the User’s name and contact information to you).

1.2          If you are a User, you may, where available, select the PayLater payment method within the Grab Platform in respect of any payment transaction concluded in the Grab Platform between you and any Third Party Provider.

1.3          If you are a User, you agree that Grab reserves the right to impose such limits, restrictions and/or further conditions to your access to and use of the PayLater payment method. In the event that you choose to pay for your goods and/or services on a deferred basis via PayLater:

(a)           the Third Party Provider will grant to you deferred payment terms such that you shall only be obliged to pay the Third Party Provider, on an interest free basis the payment in respect of the payment transaction (including tips, where applicable) by the PayLater Payment Deadline;

(b)           you agree that the Third Party Provider may sell and assign such receivables due from you to an assignee. You will be notified upon such assignment whereupon you shall be required to pay such assignee the receivables under the same payment terms made available to you by the Third Party Provider under PayLater Services;

(c)           you agree that Grab may provide your personal information, including but not limited to your name and contact information, to the Third Party Provider or its respective assignee to facilitate payment by you to the Third Party Provider or its assignee; and

(d)           you agree that if you fail to make eventual payment under the PayLater payment method (whether to the Third Party Provider or its assignee) by the PayLater Payment Deadline, the Third Party Provider or its assignee and/or any person acting on their behalf (including Grab) may take such steps as are necessary to enforce payment by you.

1.4          Grab 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 Grab reasonably believes you, either as User or Third Party Provider, to be in breach of these PayLater Terms. In such event, you agree that you shall not hold Grab liable for any withholding of, delay in, suspension of or cancellation of, any payment to or by you.

2.             Use of PayLater Online

2.1          If you are a Third Party Provider, you shall, pursuant to the Receivables Purchase Agreement, offer PayLater as a payment method in respect of any payment transaction between you and the User in respect of the goods and/or services you provide. In this respect, you agree:

(a)           to grant the User deferred payment terms such that the User shall only be obliged to pay you, on an interest-free basis, the payment in respect of the payment transaction (including tips, where applicable) by the date falling on the 7th day of the subsequent month after the month of the payment transaction (the “PayLater Online Payment Deadline(s)”);

(b)           to sell and assign all payments due to you for your provision of goods and/or services to the User, including tips (where applicable) pursuant to the Receivables Purchase Agreement, agreed between you and such party pursuant to which you will receive payment in exchange for your assignment of the receivables;

(c)           that you acknowledge and confirm that Grab’s affiliate, GPay Network (M) Sdn Bhd and/or any other affiliate as Grab may approve, shall administer and act as your collection agent to pay to you the total amount due to you in accordance with the Receivables Purchase Agreement and as your disbursement agent to disburse any amount owed by you in accordance with the Receivables Purchase Agreement to the User or assignee of the receivables; and

(d)           that the Company and/or its affiliates may facilitate any such payment to you by the User whether through the Grab Platform or otherwise (including by way of provision of the User’s name and contact information to you).

2.2          If you are a User, you may, where available, select the PayLater Online payment method within the Grab Platform in respect of any payment transaction concluded in the Grab Platform between you and any Third Party Provider. 

2.3          If you are a User, you agree that Grab reserves the right to impose such limits, restrictions and/or further conditions to your access to and use of the PayLater Online payment method. In the event that you choose to pay for your goods and/or services on a deferred basis via PayLater Online:

(a)           the Third Party Provider will grant to you deferred payment terms such that you shall only be obliged to pay the Third Party Provider, on an interest-free basis the payment in respect of a payment transaction (including tips, where applicable) by the PayLater Online Payment Deadline(s);

(b)           you agree that the Third Party Provider may sell and assign such receivables due from you to an assignee. You will be notified upon such assignment whereupon you shall be required to pay such assignee the receivables under the same payment terms made available to you by the Third Party Provider under PayLater Online;

(c)           you agree that Grab may provide your personal information, including but not limited to your name and contact information, to the Third Party Provider or its respective assignee to facilitate payment by you to the Third Party Provider or its assignee; and

(d)           you agree that if you fail to make eventual payment under the PayLater Online payment method (whether to the Third Party Provider or its assignee) by the PayLater Online Payment Deadline(s), the Third Party Provider or its assignee and/or any person acting on their behalf (including Grab) may take such steps as are necessary to enforce payment by you.

2.4          Grab 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 Grab reasonably believes you, either as User or Third Party Provider, to be in breach of these PayLater Terms. In such event, you agree that you shall not hold Grab liable for any withholding of, delay in, suspension of or cancellation of, any payment to or by you.

3.             Repayment Process for the PayLater Services

3.1          Grab, on behalf of the Third Party Provider and/or its assignee, shall issue to the User an aggregated repayment statement or bill before each PayLater Payment Deadline or PayLater Online Payment Deadline(s) (the “PayLater Bill(s)”).

3.2          The main mode of repayment for the PayLater Bill(s) and/or any related fees shall be via GrabPay Credits (as defined in the GrabPay Terms of Use). Users may choose to add any credit cards or such other methods of making payment into the GrabPay Wallet as are made available in the Grab Platform (each a “Funding Source”) to purchase GrabPay Credits to make repayments towards the PayLater Bill(s) and/or any related fees. The terms set out in the GrabPay Terms of Use shall apply.

3.3          Users may choose any other mode of payment made available to them by Grab on the Grab Platform to make repayments towards the PayLater Bill(s) and/or any related fees.

3.4          There shall be no charges levied by the Third Party Provider or Grab on the usage of the PayLater Services other than as agreed with the User in writing.

3.5          Auto-Deduction and Auto-Top Up features:

(a)           Auto-Deduction: If the User has sufficient GrabPay Credits in his GrabPay Wallet on the PayLater Payment Deadline or PayLater Online Payment Deadline(s), User may elect to enable Grab’s affiliate, GPay Network (M) Sdn Bhd to make an automatic deduction of all monies owed to the Third Party Provider or it’s assignee and/or any person acting on their behalf (including Grab) under the PayLater Bill(s) from the Users’ GrabPay Credits on the PayLater Payment Deadline or PayLater Online Payment Deadline(s), without further consent from the Users. If the Users’ GrabPay Credits are insufficient for the purposes of discharging the PayLater Bill(s) by the PayLater Payment Deadline or PayLater Online Payment Deadline(s), User may elect to enable Grab’s affiliate, GPay Network (M) Sdn Bhd to make automatic deductions of any monies owing under the PayLater Bills(s) from the GrabPay Credits, where available, after the PayLater Payment Deadline or PayLater Online Payment Deadline(s).

(b)           Auto Top-Up, Auto-Deduct feature: Where available, Users may elect to enable Grab’s affiliate, GPay Network (M) Sdn Bhd to automatically purchase sufficient GrabPay Credits on behalf of the User from the Users’ preferred Funding Sources for the sole purposes of making full repayments of any PayLater Bill(s) by the PayLater Payment Deadline or PayLater Online Payment Deadline(s).

3.6          As agreed in these PayLater Terms, if full repayment is not made (whether directly by the User or via the Auto-Deduct feature) for the PayLater Bill(s) (whether to the Third Party Provider or its assignee) by the PayLater Payment Deadline or PayLater Online Payment Deadline(s), the Third Party Provider or its assignee and/or any person acting on their behalf (including Grab) may take such steps as are necessary to enforce payment by the User, including the suspension of the User’s access to and use of the Grab Platform and/or the PayLater Services and/or the PayLater or PayLater Online payment method within the Grab Platform. Grab will levy an administrative fee of RM 10 in the event of suspension. 

3.7          Refunds on goods and/or services after User has paid PayLater Bill: In the event where you, as a User, is due a full or partial refund for the goods and/or services purchased from a Third Party Provider using the PayLater Services, but has made payment of the PayLater Bill for which such good and/or service falls under, you hereby acknowledge and agree that:

(a)           such Third Party Provider may pay Grab’s affiliate, GPay Network (M) Sdn Bhd and/or any other affiliate as Grab may approve, acting in its capacity as a disbursement agent of the Third Party Provider, such refund amount due to you; and

(b)           Grab’s affiliate, GPay Network (M) Sdn Bhd and/or any other affiliate as Grab may approve will hold such refund amount on your behalf which is to be applied in respect of your future transactions made using the PayLater Services. If you wish to discontinue your use of the PayLater Services by terminating this Agreement, such refund amount will be returned to you by a payment method of your choice.

4.             Representations, Warranties and Undertakings

4.1          By using the PayLater Services, you expressly represent, warrant and undertake that:

(a)           you are legally entitled to accept and agree to these PayLater Terms;

(b)           all the information which you provide shall be true and accurate;

(c)           when using the PayLater Services, you shall comply with all applicable laws whether in Malaysia or otherwise in the country, state and city in which you are present while using the PayLater Services;

(d)           you may only access the PayLater Services using authorized means. It is your responsibility to check and ensure that you are utilizing the correct PayLater Services;

(e)           you will only use the PayLater Services for lawful purposes;

(f)             you will only use the PayLater Services for the purpose for which it is intended to be used;

(g)           you will not use the Grab Platform or the PayLater Services for sending or storing any unlawful material or for fraudulent purposes;

(h)           you will not use the Grab Platform and/or the PayLater Services to cause nuisance, annoyance, or inconvenience;

(i)             you will not try to harm the PayLater Services and/or the Grab Platform in any way whatsoever;

(j)             you agree to notify Grab immediately of any unauthorized use of your PayLater account or any other breach of security;

(k)           you will provide Grab with proof of identity as it may reasonably request or require;

(l)             you agree to provide accurate, current and complete information as required for the PayLater Services 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 Grab 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, Grab has the right but not the obligation to terminate this Agreement and your use of the PayLater Services at any time with or without notice;

(m)         you shall not employ any means to defraud Grab or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by Grab to encourage new subscription or usage of the PayLater Services by new or existing customers;

(n)           you agree that the PayLater Services are provided on a reasonable effort basis;

(o)           you agree that your use of the PayLater Services will be subject to Grab’s Privacy Policy; and

(p)           you agree to assume full responsibility and liability for all loss or damage suffered by yourself, Grab or any other party as a result of your breach of this Agreement.

4.2          If you are a Third Party Provider, you further represent, warrant and undertake that:

(a)           if applicable, you have all the appropriate licenses, approvals and authority to provide the goods and/or services to the Users in which you are offering PayLater as a payment method in accordance with these PayLater Terms;

(b)           you shall be solely responsible for any and all claims, judgments and liabilities resulting from any loss or damage which is due to or is alleged to be a result of the goods and/or services provided by you;

(c)           you shall obey all laws related to the operation of your business and/or sale of your goods and/or services and will be solely responsible for any violations of such laws;

(d)           you shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Grab Platform, or any other customer of Grab, including without limitation any user account not owned by you, to its source, or exploit the Grab Platform, or any service or information made available or offered by or through the Grab Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Grab Platform;

(e)           if you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement; and

(f)             you are strictly forbidden to use the PayLater Services for other purposes such as but not limited to data mining of Grab’s information or information related to the Grab Platform and/or the PayLater Services. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Grab reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the PayLater payment method other than for the purpose for which it is intended to be used.

4.3          If you are a User, you further represent, warrant and undertake that:

(a)           your use of the PayLater Services is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor; and

(b)           you shall not to authorize others to use your identity or User status, and you may not assign or otherwise transfer your PayLater account or PayLater Bill(s) to any other person or entity.

5.             Taxes

5.1          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.

5.2          You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend Grab 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 PayLater Services under this Agreement.

6.             Data Privacy & Personal Data Protection Policy

6.1          You agree and consent to Grab collecting, using, disclosing and processing your Personal Data for the Purposes and in the manner as identified hereunder.

6.2          For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to Grab by any means and/or any information about you that has been or may be collected, stored, used and processed by Grab.

6.3          The provision of your Personal Data is voluntary. However, if you do not provide Grab your Personal Data, your application/request to use the PayLater Services may be incomplete and Grab will not be able to process your Personal Data for the Purposes outlined below and may cause Grab to be unable to allow you to use the PayLater Services.

6.4          Grab may collect, use, disclose and process your Personal Data for business and activities of Grab which shall include, without limitation the following (the “Purposes”):

(a)           to perform Grab’s obligations in respect of any contract entered with you;

(b)           to provide you with any services pursuant to the PayLater Terms herein;

(c)           process, manage or verify your application for the PayLater Services pursuant to the PayLater Terms herein;

(d)           to validate and/or process payments pursuant to the PayLater Terms herein;

(e)           to process any refunds, rebates and or charges pursuant to the PayLater Terms herein;

(f)             to facilitate or enable any checks as may be required pursuant to the PayLater Terms herein;

(g)           to develop, enhance and provide what is required pursuant to the PayLater Terms herein to meet your needs;

(h)           to conduct due diligence checks, credit assessment or evaluation with credit reporting agencies;

(i)             for internal administrative purposes, such as auditing, data analysis, database records;

(j)             for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Malaysia or overseas);

(k)           for Grab to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Malaysia or overseas including disclosing such Personal Data to Malaysia and overseas law enforcement agencies or courts);

(l)             to respond to questions, comments and feedback from you;

(m)         in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data,

provided that in the event your data is shared with  third parties including but not limited to Grab’s affiliate companies, such third party shall be contractually obliged to provide no less protection for that data than Grab.

6.5          In addition to the above, Grab may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):

(a)           to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;

(b)           to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from Grab and/or its affiliate companies, its partners, advertisers and or sponsors;

(c)           to notify and invite you to events or activities organized by Grab and/or its affiliate companies, its partners, advertisers, and or sponsors; and/or

(d)           to share your Personal Data amongst the companies within Grab’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with Grab’s and Group’s agents, Third Party Providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

6.6          If you do not consent to Grab processing your Personal Data for any of the Marketing Purposes, or if any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications, please notify Grab through the HelpCenter: https://help.grab.com/passenger/en-my/115005943607-How-do-I-opt-in-or-opt-out-of-marketing-communications  or if there are any queries about your personal data, please contact Grab by calling 1300 80 5858.  

6.7          Grab will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

6.8          Grab is committed to full compliance with the provisions of the Personal Data Protection Act 2010 and has appointed a Personal Data Protection Officer for these purposes. Such officer may be communicated with in writing at the above email address. Such officer may be communicated with in writing at the above messaging service address or by calling 1300 80 5858.

6.9          A copy of the provisions of this Data Privacy & Personal Data Protection Policy in Bahasa Melayu may be accessed at https://www.grab.com/my/privacy/.

7.             Third Party Interactions

7.1          During use of the PayLater Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of Third Party Providers, advertisers or sponsors showing their goods and/or services through the PayLater Services and/or the Grab Platform.

7.2          Save as set out in these PayLater Terms or any other agreement pursuant to the PayLater Services, any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable Third Party Provider.

7.3          Save as set out in these PayLater Terms or any other agreement pursuant to the PayLater Services, Grab and/or its affiliate companies and their licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such Third Party Provider.

7.4          Grab provides the PayLater Services to you pursuant to the PayLater Terms. You recognize, however, that certain Third Party Providers may require your agreement to additional or different terms of use prior to your use of or access to such goods or services, and save as set out in these PayLater Terms or any other agreement pursuant to the PayLater Services, Grab is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and such Third Party Providers.

8.             Indemnification

By agreeing to the PayLater Terms upon using the PayLater Services, you agree that you shall defend, indemnify and hold Grab, 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:

(a)           your use of the PayLater Services and/or the Grab Platform in your dealings with Third Party Providers and other third-party merchants, transportation providers, partners, advertisers and/or sponsors, where applicable;

(b)           your violation or breach of any of the PayLater Terms or any applicable law or regulation, whether or not referenced herein;

(c)           your violation of any rights of any third party; and

(d)           your misuse of the PayLater Services and/or the Grab Platform.

9.             Limitation of Liability

9.1          Grab makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the PayLater Services and/or the Grab Platform.

9.2          Grab does not represent or warrant that:

(a)           The use of the PayLater Services and/or the Grab Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

(b)           The PayLater Services will meet your requirements or expectations;

(c)           Any stored data will be accurate or reliable;

(d)           The quality of any products, services, information, rewards or another material purchased or obtained by you through the PayLater Services will meet your requirements or expectations; or

(e)           Errors or defects in the PayLater Services will be corrected.

9.3          The PayLater Services are provided to you strictly on an “as is” basis.

9.4          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.

9.5          The PayLater Services and/or the Grab Platform may be subject to limitations, delays and other problems inherent in the use 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. Grab is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

9.6          To the fullest extent permitted by law, Grab 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 you use of the PayLater Services and/or the Grab Platform.

10.          Termination

10.1       Subject to Clause 3.7, 10.5 and 10.6, either Grab or you may terminate this Agreement on one month’s notice in writing and you will be disabled from further use of PayLater Services at the end of the one month notice period.

10.2       You hereby agree that this Agreement shall terminate immediately in the event that you are:

(a)           declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration;

(b)           found in default of your debt obligations to a licensed bank by a Malaysian court;

(c)           deceased; or

(d)           found to be in breach of any of the terms stipulated in this Agreement.

10.3       In the event of any of the above, Grab reserves the right to deal with any such trustee, executive or representative of the Malaysian courts as in its sole discretion is considers appropriate in relation to the administration of any outstanding repayments towards the PayLater Bill(s).

10.4       You hereby agree that Grab 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.

10.5       As a User, you acknowledge and agree that while Grab may disable your further use of PayLater Services, you will not be able to terminate this Agreement if there are any amounts or payments outstanding due to a Third Party Provider and/or its assignee.

10.6       As a Third Party Provider, you acknowledge and agree that while Grab may disable your further use of PayLater Services, you will not be able to terminate this Agreement if there are any amounts or payments outstanding due to a User, your assignee or Grab’s affiliate, GPay Network (M) Sdn Bhd and/or any other affiliate as Grab may approve, acting in its capacity of the assignee’s collection agent.

11.          Complaints about use of the Service

11.1       Users are invited to contact Grab in the first instance in the event they wish to make a complaint about the use of the PayLater Services either via the following Customer Service line: Tel: 1300 80 5858 or via our Help Centre: https://help.grab.com/passenger/en-my/

11.2       You agree to raise any complaints and disputes about incorrect PayLater Services within one month of the transaction for payment of goods and services or within seven days of the payment of the PayLater Bill(s).

12.          Notices

12.1       Grab may give notice by means of a general notice on the Application, or by electronic mail to your email address in the records of Grab, or by written communication sent by registered mail or pre-paid post to your address in the record of Grab. 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).

12.2       You may give notice to Grab (such notice shall be deemed given when received by Grab) by letter sent by courier or registered mail to Grab using the contact details as provided in the Application.

13.          Assignment

13.1       This Agreement as constituted by the PayLater Terms as modified from time to time may not be assigned by you without the prior written approval of Grab but may be assigned without your consent by Grab.

13.2       Any purported assignment by you in violation of this section shall be void.

14.          General

14.1       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 PayLater Terms or the PayLater Services 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 the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the Director 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.

14.2       No joint venture, partnership, employment, or agency relationship exists between you, Grab or any Third Party Provider as a result of these PayLater Terms or use of the PayLater Services.

14.3       If any provision of the PayLater Terms 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.

14.4       The failure of Grab to enforce any right or provision in the PayLater Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Grab in writing.