Terms of Service: Payment and Rewards

Last modified: 24 March 2023

TERMS OF USE FOR GRABPAY USERS IN MALAYSIA

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and GPAY NETWORK (M) SDN. BHD. (the “Company”).

By using the GrabPay mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking to establish an account with the Company and use the GrabPay Wallet, a Designated Payment Instrument issued by the Company pursuant to the Financial Services Act 2013 and regulated by Bank Negara Malaysia, (the “GrabPay Wallet” and generally, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at http://www.grab.com or through the Application. The Company will provide one (1) month’s notice of any material changes to these Terms of Use following which your continued use of the Service will be deemed to confirm your acceptance of the revised Terms of Use.

1. Types of GrabPay Wallet

The Company offers three types of wallet functionality under the term “GrabPay Wallet” as part of the Service:

  • Basic GrabPay Wallet, for users only requiring a wallet with a maximum load balance of RM 500 which can only be used for commercial purchase and paying for Grab rides.
  • Premium GrabPay Wallet, for users requiring a wallet with a maximum load balance of RM 1,500 and who are intending to use the wallet for the purchase of goods and services as well as transfer GrabPay Credits to other users;
  • Business GrabPay Wallet, for users intending to use the wallet to receive payments offer goods and services (including transportation services) for sale.

2. Use of the GrabPay Wallet

  • Type of payments that can be made with the GrabPay Wallet:

The GrabPay Wallet may be used for the sale and purchase of goods and services from all transportation providers, merchants and agents lawfully offering GrabPay as a payment solution (either by way of static/dynamic QR Code payment, settlement via the Application, or online settlement), PROVIDED HOWEVER that no payments in violation of the provisions of these Terms & Conditions, including the Acceptable Use Policy shall be permitted.

  • Applicable Fees and Charges:

There shall be no charges levied by Grab on usage of the Consumer GrabPay Wallet or on the usage of the Business GrabPay Wallet by transportation providers.

Grab shall charge merchants or agents those fees for usage of the Business GrabPay Wallet as detailed in the Schedule of Applicable Fees and Charges, hereto.

You agree that the Fees and Charges provided for in the Schedule of Applicable Fees and Charges shall not be charged in addition to the regular offered costs of the goods or services, and that no surcharge for the use of the GrabPay Wallet shall be required of consumers.

  • User Transaction Statement:

A full statement of User’s transactions may be downloaded from the following website: https://www.grab.com/my/

  • Fraudulent activity or stolen e-money:

You agree to immediately notify Grab on the following Customer Service number Tel: 1300 80 5858 of any fraudulent activity or theft of funds in the Grab Wallet of which you become aware.

  • Unless the context dictates otherwise, references in these Terms of Use to the GrabPay Wallet, shall include all such stored value facility e-wallets issued to User by the Company to include the GrabPay Consumer Wallet, the GrabPay Driver Wallet and the GrabPay Merchant Wallet.

3. Funding Methods for use of the Service

  • Payments by the GrabPay service may be made directly in the Grab application via the addition of a credit or debit card, or via such other method of making payment to merchants as is available in the Application, or by the use of the GrabPay Wallet.
  • Users may choose to add any credit or debit cards or such other methods of making payment into the GrabPay Wallet (each, together with those payment methods in the first bullet point, a “Funding Source”).
  • You agree that we may verify and authorize the Funding Source details when you first register the Funding Source with us as well as when you use the Service.
  • In the case of credit cards as Funding Sources, you agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order to verify your payment method via your card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card.
  • In the event your payment through the GrabPay Wallet using a credit card as your Funding Source is processed overseas, you will be liable for any additional charges in relation thereto.
  • Your GrabPay Wallet will hold only Malaysian Ringgit currency.When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing in relation to payments to transportation providers. In the case of transportation usage, this will automatically be added to the amount payable at the end of each journey and given to the third-party transportation provider unless you choose to override it with a different tip amount or to remove the tip.
  • The Company has the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
  • The Company reserves the right to suspend the use of your account entirely, disable the cashless feature in the GrabPay Wallet or block any financial instruments e.g credit or debit card where it reasonably believes that the account activity may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms Of Use.
  • When you make or receive a payment, you are liable to the Company for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason including but not limited to claims, chargebacks, or if there is a reversal of the payment. You agree to allow the Company to determine (or in the case where a credit card is used as the Funding Source, to work with your credit card issuer) to determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to the Company by debiting your GrabPay Wallet.
  • You shall be responsible to resolve any disputes with your credit card company on your own.
  • You are responsible for all losses, reversals, fees, claims, penalties or chargebacks, incurred by you or the Company, another user, or a third party caused by or arising out of your breach of this Agreement, damage to or loss of your mobile device, the authorized use of your account by a third party and/or your use of the Service, and where such are borne by the Company, another user, or a third party you agree to reimburse the same for any and all such liability.
  • You are not responsible for such losses, reversals, fee, claim, penalty or chargebacks resulting from the Service malfunctioning, the unauthorized use of your GrabPay Wallet, fraudulent transactions through your GrabPay Wallet or the illegal reload of GrabPay Credits into your GrabPay Wallet.

4. GrabPay Credits

  • You may purchase credits for the GrabPay Wallet (“GrabPay Credits”) which may be used to pay for the goods and services either via a Funding Source or via payment in cash to an authorized agent of GrabPay.
  • The maximum amount of GrabPay Credits that a user of the Basic GrabPay Wallet can hold at any time is RM 500.00 and no transaction using the Consumer GrabPay Wallet may exceed this amount.
  • The maximum amount of GrabPay Credits that a user of the Premium GrabPay Wallet can hold at any time is RM 1,500.00 and no transaction using the Consumer GrabPay Wallet may exceed this amount.
  • The maximum amount of GrabPay Credits that a user of the Business GrabPay Wallet can hold at any time is RM 15,000.00.
  • Users operating their GrabPay Wallet on mobile telephone handsets using operating systems introduced prior to iOS version 6.3.13 or Android version 5.0 shall be limited to a daily spend limit of RM 200.00.
  • You may choose to purchase GrabPay Credits via any Funding Source as may be made available in the Application from time to time. Selecting a particular Funding Source means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
  • The Company may at its sole and absolute discretion reject your request to purchase GrabPay Credits for any reason whatsoever, including without limitation, where your proposed GrabPay Credits purchase:
    • would cause the aggregate amount of stored value held by the Company, directly or indirectly, alone or together with any person over whom the Company has control or influence, to exceed any value permitted under the prevailing laws and regulations; or
    • would cause the amount of GrabPay Credits held by you to exceed the respective maximum amount for either the Consumer or Business GrabPay Wallet detailed above.
  • All GrabPay Wallets which have not been utilized by you for a period of not less than seven (7) years shall be deemed dormant, and all unclaimed GrabPay Credits therein shall be lodged with the Registrar of Unclaimed Moneys (Jabatan Akauntan Negara Malaysia) (the “Registrar”). You may recover these unclaimed GrabPay credits directly from the Registrar less any fees or charges that may be imposed, with no further recourse to the Company.
  • You will not receive interest or other earnings on your GrabPay Credits. The Company may receive interest on amounts that the Company holds on your behalf. You agree to assign your rights to the Company for any interest derived from your GrabPay Credits.
  • You may check your GrabPay Credits balance in the Application. The GrabPay Credits balance set out in the Application shall serve as a conclusive evidence of your GrabPay Credits balance.
  • As GrabPay Wallet purchases may involve credit card transactions through a financial institution, in the event of any error in such transaction which results in a reversal, fee, claim, penalty or chargeback from the financial institution, the Company reserves the right to clawback the amount (up to the disputed amount) from your GrabPay Credits or by any other way it deems fit in its sole discretion.
  • The Company has the right to forfeit your GrabPay Credits where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

5. Withdrawal and Transfer of GrabPay Credits

  • The GrabPay Credits may be withdrawn to a designated account with a licensed onshore bank in Malaysia in the name of the user, the details of which shall be notified to the Company via the provisions of the Application.
  • You may transfer GrabPay Credits to, and receive GrabPay Credits from, other GrabPay Wallet Users. 
  • The GrabPay Credits for Business GrabPay Wallet when used by transportation providers may, as notified to you by the Company’s be withdrawn to a separate GrabPay ledger for merchants and/or transportation providers (the “GrabPay Payable Ledger”), a balance held by the Company in lieu of payments due to Grab merchants or transportation providers. Transfer of GrabPay Credits to the GrabPay Payable Ledger shall be irreversible and shall constitute the agreement of the transportation provider to GrabPay deducting such sums as it determines are due to GrabPay or its affiliates by the transportation provider.
  • The Company has the right to restrict the withdrawal of all or a portion of the GrabPay Credits in a Business GrabPay Wallet for a defined period of time for risk management purposes in lieu of potential future claims, chargebacks or reversals.
  • Subject to prior agreement with the Company, Business Users notified in writing may accept settlement of payments by GrabPay Credits directly to their designated bank account.
  • The Company may decide to reverse or refuse transfers of GrabPay Credits at any time and at its sole discretion.

6. Establishing your Identity

  • As a regulated operator of a Designated Payment Instrument, the Company is required to comply with the provisions of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”).
  • Users of the GrabPay Wallet will be required to provide to the Company such data to allow the company to establish and verify their identity (together with, in the case of Business GrabPay Wallet operated as a company account, the identity of the primary account user) both at the time of opening the GrabPay Wallet account and on ongoing basis, in order to facilitate compliance by the Company with the provisions of AMLA.
  • You hereby acknowledge that the Company and its affiliates may use such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure the adherence of the Company and the user to the provisions of AMLA, and complying with any anti-money laundering or counter terrorism financing laws applicable to it or its affiliates, together with sharing such data internally with its affiliates and with third-party outsourcees (within Malaysia), as well as in relation to transfers and reporting of such data and your transactions to Bank Negara Malaysia, and such other regulators and law enforcement agencies as the Company may deem appropriate.

7. Representations and Warranties

  • By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate.
  • Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or User status, and you may not assign or otherwise transfer your User account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in Malaysia or otherwise in the country, state and city in which you are present while using the Service.
  • You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
  • By using the Software or the Application, you agree that:
    • You will only use the Service for lawful purposes;
    • You will only use the Service for the purpose for which it is intended to be used;
    • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
    • You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
    • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
    • You will not impair the proper operation of the network;
    • You shall not intentionally or unintentionally cause or attempt to cause damage to the third-party transportation provider;
    • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
    • You will not copy, or distribute the Software or other content without written permission from the Company;
    • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
    • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
    • You will provide the Company with proof of identity as it may reasonably request or require;
    • You acknowledge and agree that only one (1) GrabPay Wallet account can be registered to a single individual, and that a mobile telephone number may only be associated with only one (1) GrabPay Wallet account
    • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
    • You will only use an access point or device which you are authorized to use to access the GrabPay Wallet;
    • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers;
    • You agree that the Service is provided on a reasonable effort basis; and
    • You agree to abide by the terms of the GrabPay Wallet Acceptable Use Policy (below) in relation to your use of the Service.

8. Acceptable Use Policy

  • You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any third party as a result of any breach of the Terms of Use.
  • You agree not to use the Service in such a manner that you violate any law, statute, ordinance or regulation.
  • Save as permitted by the Company but subject always to applicable laws and regulations, you agree not to perform transactions using the GrabPay Wallet involving:
    • Adult media depicting or related to illegal activity such as child pornography, rape, incest, etc.
    • Any goods or services promoting hate, violence, harm or intolerance in any form.
    • Any goods or services subject to UN Security Council’s sanctions.
    • Branded, trademarked or copyrighted goods of any kind unless the seller is the intellectual property / copyright holder or licensee.
    • Circumvention services, devices or software used to circumvent the law or remove copyright protections.
    • Deceptive business practices such as Ponzi / pyramid schemes, multi-level marketing, guaranteed results, investment or trading courses and services.
    • Flammable, explosive, pyrotechnic, toxic and hazardous materials including but not limited to fireworks, explosives, radioactive materials and substances, gunpowder.
    • Foreign government entities including but not limited to embassies and consulates.
    • Fortune tellers, astrology, card reading, tarot, hypnosis and similar services.
    • Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes;
    • Government, law enforcement and military issued items including but not limited to uniforms, badges, decorations, unless historical and/or clearly not genuine or official (e.g. toys).
    • Human parts of any kind, including but not limited to organs, body parts, human remains, body fluids, stem cells, embryos.
    • Illegal drugs, tobacco or health products. Substances designed to mimic the effects thereof. Related accessories and products used to create or consume them such as bongs, hookahs and similar devices.
    • Items that encourage, promote, facilitate or instruct others to engage in illegal activity;
    • Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of Malaysia or any jurisdiction;
    • Legal and tax consultancy, bankruptcy and any similar services.
    • Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
    • No-value-added services of any kind, including but not limited to resale of government offerings without authorization or added value, services that are unfair, deceptive, or predatory towards consumers.
    • Offering or receiving payments for the purpose of bribery or corruption; or
    • Political, religious, spiritual, charitable and non-profit organizations of any kind.
    • Products of wildlife trafficking, illegal hunting and poaching of endangered species such as marine mammals, shark fins, rhino horns, ivory, deer musk, bear bile, tiger penis, and any similar products.
    • Property sharing, timeshares, house-swapping, sub-letting, bed & breakfast and similar businesses.
    • Sale of social media activity, click farms including but not limited to sale of Facebook likes, Twitter followers, YouTube views.
    • Sexually oriented materials or services.
    • Stolen goods including unlawfully acquired or copied digital and virtual goods.
    • The personal information of third parties in violation of Malaysian law.
    • The sales of products or services identified by the Malaysia government agencies to have a high likelihood of being fraudulent or to be being transacted by the User in violation of Malaysian law.
    • Unlicensed travel agents.
    • Weapons of any kind including firearms, ammunition, knives, nunchakus and related products, parts or accessories thereof. Weapons or knives regulated under Malaysian law. Toys, gift and replicas of any kind resembling closely any of such items.

9. Taxes

  • You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.
  • You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
  • You agree that details of your GrabPay Wallet account and all transactions thereunder may be provided on request to any tax authorities either in Malaysia or overseas where the purpose of such request is the lawful payment of tax obligations and/or the identification of assets for taxation.

10. License Grant & Restrictions

  • The Company is a licensee of GrabTaxi Holdings Pte Ltd (Company No. 201316157E and having its registered address at 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) for the Application.
  • The Company, its affiliates and its licensors including GrabTaxi Holdings Pte. Ltd., where applicable hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.
  • You hereby agree that you shall not:
    • license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
    • modify or make derivative works based on the Application and/or the Software;
    • create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device;
    • reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software;
    • launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software;
    • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
    • post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
    • operate the Application and/or the Software on jailbroken or rooted mobile devices; or
    • remove any copyright, trademark or other proprietary rights notices contained in the Service.
  • You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to:
    • send spam or otherwise duplicative or unsolicited messages;
    • send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
    • send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
    • interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein;
    • attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks;
    • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
    • to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

11. Intellectual Property Ownership

  • The Company and its affiliates, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
  • These Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors.
  • The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third-party merchants or transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company and/or its affiliates, and no right or license is granted to use them.
  • For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

12. Data Privacy & Personal Data Protection

  • You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
  • For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, 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 the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company.
  • The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
  • The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purposes”):
    • to perform the Company’s obligations in respect of any contract entered with you;
    • to provide you with any services pursuant to the Terms of Use herein;
    • process, manage or verify your application for the Service pursuant to the Terms of Use herein;
    • to validate and/or process payments pursuant to the Terms of Use herein;
    • to process any refunds, rebates and or charges pursuant to the Terms of Use herein;
    • to facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
    • to develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
    • for internal administrative purposes, such as auditing, data analysis, database records;
    • for purposes of detection, prevention and prosecution of crime including in relation to its obligations under AMLA;
    • for the Company to comply with its obligations under law or regulations (whether in Malaysia or overseas including disclosing such Personal Data to Malaysian and overseas law enforcement agencies or courts);
    • to respond to questions, comments and feedback from you.
  • In addition to the above, the Company may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):
    • 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;
    • to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
    • to notify and invite you to events or activities organized by the Company, its partners, advertisers, and or sponsors; and/or
    • to share your Personal Data amongst the companies within the Company’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 the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
  • If you do not consent to the Company processing your Personal Data for any of the Marketing Purposes, please notify the company by calling 1300 80 5858.
  • 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 for Marketing Purposes, please update your details by sending your request to the support contact details at the following messaging service: https://help.grab.com/hc/ms
  • The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
  • The Company reserves the right to transfer your Personal Data to its affiliates and outsourcees (whether in Malaysia or overseas) for the purpose of the use of such data in the operations of the Designated Payments Instrument or the IBS Services (as defined below) that are provided to the Company by such affiliates or outsourcees.
  • The Company 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. Should you wish to request access to your personal data, or if you have any inquiries or complaints in respect of our processing of your personal data, such officer may be communicated with in writing at the above messaging service address or by calling 1300 80 5858.
  • A copy of Grab’s full Privacy Policy is available in English and Bahasa Melayu at the following link: https://www.grab.com/my/privacy/

13. Third Party Interactions

  • During use of the Service, 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 Service, the Software and/or the Application.
  • Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party.
  • The Company and its affiliates and licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party.
  • The Company does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third-party providers.
  • The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third-party merchants or transportation providers, goods and/or services may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers.

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 consumers. 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; 
    • change or withdraw any benefits related to a particular membership tier; 
    • change the duration taken for Points to expire; and/or
    • determine the amount of Points awarded to you for any transaction, including but not limited to Point relating to Jaya Grocer memberships, GrabUnlimited and GrabPay,

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.

22. Users’ DuitNow QR Terms

In this DuitNow QR T&C (“Terms”), references to “you”, “your” and “yours” refers to the GrabPay user who is utilising the DuitNow QR Service and has an account with GrabPay and reference to “we”, “our”, “ours” and “us” refers to the Company, GPay Network (M) Sdn Bhd (“GrabPay”). These Terms shall be read in addition to and together with the Terms of Service: Payments and Rewards above and any other agreement(s) between You and GPay Network (M) Sdn Bhd for the provision and acceptance of the GrabPay Services.

Definitions

“Account” means an E-money account offered by issuers of E-Money and all types of banking accounts offered by banks, except for fixed deposit accounts. This shall include, but is not limited to, all types of conventional and/or Islamic deposit accounts, current accounts, virtual internet accounts, and/or Islamic investment account. Additionally means all line of credit accounts tied to payment cards where transaction is made

“Business Day” means any calendar day from Monday to Friday, except a public holiday or bank holiday in Kuala Lumpur.

“Cross-Border QR” means a service which facilitates point-of-sale payments to Foreign Merchants by scanning the QR codes issued by the Participating Switches.

“Dynamic QR” means a QR Code that is generated on-demand and usually has an expiry. Dynamic QR generally requires the Merchant or Recipient to key-in the amount of the payment or credit transfer.

“E-Money” means a payment instrument that stores funds electronically in exchange for funds paid to the issuer of E-money and is able to be used a means of making payment to any person other than the issuer of E-money.

“Foreign Merchant” means an individual who is residing outside Malaysia, or a company, body corporate, business (including sole proprietor and partnership) incorporated outside Malaysia that accepts payments via Cross-Border QR service, for purchase of goods and/or services.

“Merchant” means individuals, businesses including sole proprietors, partnerships and companies registered with the Companies Commission of Malaysia, government agencies, statutory bodies, societies, and other similar legal entities

“DuitNow QR” means a service which facilitates industry wide ubiquitous payments or credit transfer by scanning the QR Code which complies with DuitNow National QR Standard.

“DuitNow QR Owner & Operator” means Payments Network Malaysia Sdn Bhd (Company No.: 200801035403 [836743-D])

“Participating Switch” means a foreign institution that collaborates with PayNet to provides the Cross-Border QR service in its respective country to its Acquirer or Issuer (as the case may be).

“Recipient” means an individual who receives funds via the DuitNow QR Service.

“Static QR” means a QR Code that is pre-generated for display and usually has no expiry. Static QR generally requires the individual to key-in the amount of the payment or credit transfer.

“QR Code” means a two-dimensional barcode that can be read using the camera of a smartphone or mobile device that is equipped with QR reader.

1. Introduction

1.1    These Terms apply to and regulate your use of the DuitNow QR Service offered by us. The DuitNow QR Service allows you to transfer funds from your designated GrabPay Account to a Merchant’s or Recipient’s Account by scanning the Merchant’s or Recipient’s QR Code. This service also allows you to transfer funds to the Merchant by generating the User’s QR Code to be scanned by the Merchant.

1.2       The DuitNow QR Service offered by us is part of the Electronic Banking/e-Money Services, and accordingly these Terms are in addition to and shall be read in conjunction with the GrabPay Terms of Service: Payment and Rewards above.

1.3       The Cross-Border QR Service is an extension of DuitNow QR Service which allows you to transfer funds to a Foreign Merchant’s Account by scanning the QR codes issued by Participating Switches. Reference to DuitNow QR unless inconsistent with the context in these Terms & Conditions shall also refer to Cross-Border QR.

2. DuitNow QR Service

2.1        If you wish to send funds via DuitNow QR, you must first select an Account to be used by GrabPay for deduction of funds for transactions made via DuitNow QR. GrabPay mobile application enables you to either perform a push payment by scanning a Static QR Code or a Dynamic QR Code displayed by the Merchant or Recipient, or perform a pull payment by generating a Dynamic QR Code on a mobile device to be scanned by the Merchant.

2.2 You are responsible for ensuring that the transaction amount keyed-in or displayed on your mobile application screen is correct prior to confirming the transaction. The transaction amount keyed-in or displayed via the Merchant’s or Recipient’s QR Code shall be deemed by GrabPay to be correct upon your confirmation of the transaction. GrabPay is under no obligation whatsoever to verify that the amount paid by you matches with the Merchant’s or Recipient’s amount.

2.3        We will notify you on the status of each successful DuitNow QR transaction via any of our available communication channels chosen by you.

2.4       You acknowledge and agree that we shall have no duty to and shall not be required to take any steps to verify or seek any other confirmation from any party as to whether such Merchant or Recipient is the intended party to receive the funds, and we shall not be liable for transferring the funds to such Merchant or Recipient even if such person is not the intended party.

2.5        Pursuant to Clause 2.4 above, you agree that once a DuitNow QR transaction is confirmed, it will be deemed irrevocable and you will not be able to cancel, stop or perform any changes to that DuitNow QR transaction.

3. Recovery of funds

3.1        You have rights in relation to the investigation and recovery of erroneous or mistaken DuitNow QR transactions as stated in Clause 4 below and unauthorised or fraudulent DuitNow QR transactions as stated in Clause 5 below made from your Account.

3.2           For Cross-Border QR Service, all payment disputes shall be raised within 30 calendar days from the date of transaction. We and the DuitNow QR Owner & Operator reserve the right to reject any disputes that were raised by you after the said duration.

4. Erroneous or Mistaken DuitNow QR Transaction

4.1   If you have made an erroneous or mistaken DuitNow QR transaction, you may request for recovery of the funds. Within ten (10) Business Days from the date of your recovery of funds request, we will work with the affected Merchant’s or Recipient’s bank to return the said funds to you within seven (7) Business Days, provided the following conditions are met:

4.1.1 The funds were actually wrongly credited into the affected Merchant’s or Recipient’s Account;

4.1.2 If funds have been wrongly credited, whether the balances in the affected Merchant’s or Recipient’s Account is sufficient to cover the funds recovery amount:

4.1.2.1 If the balances are sufficient to cover the recovery amount, the erroneously credited funds may be recoverable; or

4.1.2.2 If the balances are not sufficient to cover the recovery amount, the erroneously credited funds may not be fully recoverable.

4.2              For requests for recovery of funds request between eleven (11) Business Days and seven (7) months from the date the erroneous transaction was made:

4.2.1   The affected Merchant’s or Recipient’s bank is fully satisfied that funds were erroneously credited to the affected Merchant or Recipient;

4.2.2   The affected Merchant’s or Recipient’s bank must deliver notifications to the affected Merchant or Recipient in writing regarding the funds recovery requests, whereby the erroneously credited funds would be recovered through debiting the affected Merchant’s or Recipient’s Account within ten (10) Business Days of the notifications unless the affected Merchant or Recipient provides reasonable evidence that the affected Merchant or Recipient is entitled to the funds in question. After fifteen (15) Business Days, if the affected Merchant or Recipient fails to establish their entitlement to the funds, the affected Merchant’s or Recipient’s bank shall debit the affected Merchant’s or Recipient’s Account and remit the funds back to you.

4.3   For requests to recover funds request after (7) months from the date of the erroneous transaction was made:

4.3.1     The affected Merchant’s or Recipient’s bank is fully satisfied that funds were erroneously credited to the affected Merchant or Recipient;

4.3.2     The affected Merchant’s or Recipient’s bank shall obtain from the affected Merchant or Recipient the decision whether to grant consent to debit the Merchant or Recipient account within ten (10) Business Days; and

4.3.3     Once consent is obtained, the affected Merchant’s or Recipient’s bank shall debit the affected Merchant’s or Recipient’s Account and remit the funds back to you within one (1) Business Day.

5. Unauthorised or Fraudulent DuitNow QR Transaction

5.1          For DuitNow QR transactions which were not authorised by you or which are fraudulent, we will, upon receiving a report from you alleging that an unauthorised or fraudulent DuitNow QR transaction was made, remit the funds back to you, provided the following conditions are met:

5.1.1       We shall conduct an investigation and determine, within fourteen (14) calendar days, if the unauthorised or fraudulent payment did occur;

5.1.2       If we are satisfied that the unauthorised or fraudulent payment instruction did indeed occur and was not caused by you, we shall initiate a reversal process whereby all debit posted to your Account arising from the unauthorised or fraudulent payment instruction would be reversed.

6. Liability and Indemnity

6.1          You acknowledge and agree that, unless expressly prohibited by mandatory laws, we and the DuitNow QR Owner & Operator shall not be liable to you or any third party for any losses, liabilities, costs, damages, claims, actions or proceedings of any kind whatsoever in respect to any matter of whatsoever nature in connection with the DuitNow QR Service offered by us arising from:

6.1.1        Your negligence, misconduct or breach of any of these Terms;

6.1.2        Insufficient funds in your Account for us to process the DuitNow QR transaction;

6.1.3        You have exceeded your daily transfer limit;

6.1.4        Any payment instruction given or purported to be given by you;

6.1.5       Any erroneous transfer of funds by you, including any transfer of funds to the wrong Merchant or Recipient or wrong third party; or

6.1.6        The suspension, termination or discontinuance of the DuitNow QR Service.

6.2          You shall indemnify us, our affiliates, and the DuitNow QR Owner & Operator harmless from and against any loss or damage suffered due to any claim, demand, or action brought against us, our affiliates, and/or the DuitNow QR Owner & Operator resulting from any negligent and/or fraudulent act to the DuitNow QR T&C by you.

7. General

7.1          We reserve the right to revise at any time, such charges for the use of the DuitNow QR Service, by providing you with thirty (30) days written notice. Such revisions shall take effect from the date stated in the notice. Where you continue to access or use the DuitNow QR Service after such notification, you shall be deemed to have agreed to and accepted such revisions to such charges.

7.2    You acknowledge that we may terminate your use of the DuitNow QR Service with us for any reason, with prior notice.

7.3            You acknowledge that we have the right to change, restrict, vary, suspend or modify these Terms by providing you with thirty (30) days’ notice in such manner as we deem fit.

7.4  You consent to the collection, use and disclosure of your personal data (including contact details) by us, our affiliates, our service providers and the DuitNow QR Operator as required for the purposes of the DuitNow QR Service.

7.5        These Terms are governed by and shall be construed in accordance with the laws of Malaysia.

23. Merchants’ DuitNow QR Terms

These Terms shall be read in addition to and together with the Terms of Service: Payments and Rewards and the agreement(s) between Merchant and GPay Network (M) Sdn Bhd for the provision and acceptance of the GrabPay Services.

DEFINITIONS

“Account” means an e-money account offered by issuers of e-money issuer and all types of banking accounts offered by banks, except for fixed deposit accounts. This shall include, but is not limited to, all types of conventional and/ or Islamic investment accounts, Islamic deposit account, current accounts, virtual internet accounts. Additionally, means all line of credit accounts tied to payment cards where transaction is made.

“Beneficiary of Fraud” means party who ultimately benefits from the unauthorised or fraudulent payment.

“Business Day” means any calendar day from Monday to Friday, except a public holiday or bank holiday in Kuala Lumpur.

“Crediting Participant” means the Company, GPay Network (M) Sdn Bhd (Company No. 201701005704 (1219869-A)) (or “GrabPay”)

“Debiting Participant” means banks and E-Money issuer participating in RPP where the User maintains account(s)

“DuitNow QR Brand” means brand, icon, logo, trademark and service mark for the DuitNow QR.

“DuitNow QR Owner & Operator” means Payments Network Malaysia Sdn. Bhd. (Company No.: 200801035403 [836743-D])

“Merchant” means the Merchant who is utilizing the DuitNow QR Service and has an account with GrabPay

“User” means individuals, companies, body corporates, businesses (including sole proprietors and partnerships), government agencies, statutory bodies, societies and other Consumers who transfers funds via DuitNow QR Service

“RPP” means Real-Time Payments Platform, a shared payment infrastructure developed and established by PayNet, which facilitates instant and interoperable payments and collections

“Unrecoverable Loss” means the portion of funds transferred and credited to the wrong party due to erroneous, mistaken, unauthorised or fraudulent payments that cannot be retrieved after Participants have exhausted the recovery of funds process.

1. Introduction

1.1        GrabPay is the Crediting Participant and Merchant is a registered Merchant under the DuitNow QR Services.

1.2        In consideration of the fees paid to the Crediting Participant, the Crediting Participant agrees to facilitate the participation of the Merchant in DuitNow QR Services in accordance with these Terms & Conditions.

1.3        By registering for DuitNow QR Services, the Merchant agrees to observe all DuitNow QR operating procedures issued by the DuitNow QR Owner & Operator which is applicable to the Merchant, as reflected in this Terms including any future revisions communicated by the Crediting Participant to the Merchant.

2. Obligations Of Merchant

2.1        If the Merchant wishes to receive funds via DuitNow QR, the Merchant:

2.1.1              Shall not impose any fees for POS Payments made by Users using DuitNow QR Service; and

2.1.2              Shall not deduct any RPP fees from the Cash Out withdrawal and ensure the User is paid in full amount.

2.2        The Merchant shall accept Payments or Cash Out that draw funds from E-Money account offered by issuers of E-Money and all types of deposit accounts offered by banks, except for fixed deposit accounts. This shall include, but is not limited to, all types of conventional and/ or Islamic investment account, Islamic deposit accounts, current accounts, virtual internet accounts and/or line of credit accounts tied to payment cards.

2.3        The Merchant must not make any warranty or representation in respect of goods or services supplied which may bind the Crediting Participant, DuitNow QR Owner & Operator, Debiting Participant, or any other Participants in the service.

2.4        The Merchant must establish and maintain a fair policy for correction of errors and facilitate recovery of funds for erroneous or mistaken payments and/or unauthorised or fraudulent payments.

2.5        The Merchant shall consent and allow the Crediting Participant to disclose its information pertaining to the payment processes as the DuitNow QR Owner & Operator may reasonably require for DuitNow QR Services.

2.6        The Merchant who has been granted a non-transferable license to use the DuitNow QR Brand shall not license or assign the said right to use to any other third party. The Merchant shall comply with the DuitNow Brand Guidelines at all times.

2.7        For the purpose of Clause 2.6 above, the Merchant will be liable for any claims, damages and expenses arising out of or caused to arise from misuse or unauthorised usage of the DuitNow QR Brand. In the event of such breach, the Merchant sub-licensed rights of using the DuitNow QR Brand shall automatically be revoked and ceases immediately, whereupon this Agreement shall be terminated henceforth, without affecting accrued rights of parties. Upon termination, Clause 2.8 below shall apply accordingly.

2.8         This Clause 2 shall survive termination of this Terms. Termination does not affect either party’s rights accrued, and obligations incurred before termination.

3. Obligations of Crediting Participant

3.1         The Crediting Participant shall immediately credit and make funds available in the Merchant’s account, except for situations where the Merchant has specifically agreed for delayed or batched posting.

3.2        Any refunds by Crediting Participants must be made together with transaction fees to the Merchant if fees were incurred due to User’s disputes that are not caused by the Merchant. However, if the Merchant opts to partially refund overpayments to Users, the Merchant shall bear the transaction fees for executing such refund.

3.3   Crediting Participant shall implement reasonable measures to detect, mitigate, resolve and prevent actual and suspected fraudulent or unauthorised acts.

4. Recovery of Funds

4.1         The Merchant shall:

4.1.1              Assist the Crediting Participant in any investigation of erroneous or mistaken payments as stated in Clause 5 below;

4.1.2             Assist the Crediting Participant in any investigation on unauthorised or fraudulent payments as stated Clause 6 below; and

4.1.3     Effect refund(s) to the Users, Debiting Participants, as the case may be, if it is found that the Merchant is responsible for such erroneous, mistaken, unauthorised or fraudulent payment, as the case may be.

4.2                 In the event erroneous or mistaken payment is caused by the Merchant, after verification and confirmation from the Merchant with respect to such erroneous or mistaken payment, the Crediting Participant shall immediately reverse out all credits erroneously posted to the Merchant’s account regardless of whether funds have been recovered from other affected parties.

5. Erroneous or Mistaken DuitNow QR Transaction

5.1 The Crediting Participant shall inform the Merchant once the Crediting Participant receives a request to recover funds that is wrongly credited to the Merchant due to an erroneous or mistaken ppayment. The Merchant must facilitate the recovery of funds process stated in Clause 5.2 below.

5.2  Upon receiving a recovery of funds request for erroneous or mistaken payment, the Crediting Participant has the right to debit the Merchant’s account to recover funds within five (5) Business Days provided the following conditions are met:

5.2.1     If the recovery of funds request is received within ten (10) Business Days from date of the erroneous/mistaken payment:

5.2.1.1  The Crediting Participant is fully satisfied that funds were erroneously or mistakenly credited to the Merchant’s account;

5.2.1.2 The Crediting Participant has notified the  Merchant regarding the proposed debiting of Merchant’s account and the reason for the debiting; and

5.2.1.3  There is sufficient balance in the Merchant’s account to cover the recovery amount.

5.2.2   If the recovery of funds request is received between eleven (11) Business Days and seven (7) months from date of erroneous/mistaken payment;

 5.2.2.1           The Crediting Participant is fully satisfied that funds were erroneously or mistakenly credited to the Merchant’s account;

 5.2.2.2                The Crediting Participant has provided written notification to the Merchant where the erroneous/mistaken payment will be recovered through debiting the Merchant’ accounts within ten (10) Business Days of the notifications unless the Merchant provides reasonable evidence to substantiate ownership of the funds in question; and

5.2.2.3    There is sufficient balance in the Merchant’s account.

5.2.3    If recovery of funds request is received after seven (7) months from the date of erroneous or mistaken payment:

        5.2.3.1    The Crediting Participant must seek the Merchant’s prior written consent to debit the Merchant’s account to recover funds, and the Merchant must give its consent to debit its account within ten (10) Business Days of receiving the request to debit from the Credit Participant.

5.3         When the Merchant receives a request for consent from Crediting Participant as described in Clause 5.2.3.1 above, Merchant shall not unreasonably withhold consent to debit its account when there is a legitimate recovery of funds request.

6. Unauthorised or Fraudulent DuitNow QR Transaction

6.1 The Crediting Participant shall inform the Merchant once the Crediting Participant receives a request to recover funds that was credited to the Merchant due to an unauthorised or fraudulent payment. The Merchant must facilitate the recovery of funds process stated in Clause 6.2 below.

6.2         If the Merchant receives unauthorised or fraudulent payment, the Merchant shall:

6.2.1         Immediately take all practicable measures to prevent or block further misuse, unauthorised or fraudulently transferred funds for the benefit of the Beneficiary of Fraud;

6.2.2         Furnish to the Crediting Participant with information, including but not limited to the name, address, contact information and/or national identity card number/passport number to conclusively identify the Beneficiary of Fraud within seven (7) Business Days of detecting the unauthorised or fraudulent payment;

6.2.3         Take all practicable measures to the extent permitted by law to recover funds from the unintended recipient of funds including but not limited to reversing out credits, drawing on deposits or other financial guarantees that the Beneficiary of Fraud placed/ places with the Merchant, stopping delivery of goods, suspending services that the Beneficiary of Fraud has paid for, repossessing goods delivered to the Beneficiary of Fraud and/or taking legal action against the Beneficiary of Fraud; and

6.2.4           Immediately provide such information required in Clause 6.6.2 below to the Crediting Participant to facilitate the Debiting Participant’s investigation.

6.3          In the event that a Crediting Participant receives a payment request from a Merchant which the Crediting Participant believes to be an unauthorised or fraudulent payment, the Crediting Participant shall do the following (upon becoming aware of the suspected unauthorised payment/fraud):

6.3.1          The Crediting Participant shall conduct investigation to determine:

    1. whether the Merchant is implicated in the unauthorised payment/fraud; or
    2. whether there is sufficient grounds to conclude that the Merchant is involved, or has benefited, directly or indirectly from the unauthorised payment/fraud; and

the Crediting Participant shall prevent or block withdrawal or and further use of the remaining funds in the Merchant’s account with the Crediting Participant until there is satisfactory resolution of Unrecoverable Loss.

6.3.2          The Merchant shall facilitate and cooperate with the Crediting Participant to complete the investigation

6.4          In the event the Merchant is responsible for unauthorised or fraudulent payment, Clause 10 shall apply accordingly.

7. Dispute Resolution

7.1          Merchant shall, in good faith, attempt to settle all disputes or conflicts with Crediting Participant arising in connection with the DuitNow QR Service amicably and by mutual agreement;

7.2          However, Merchant shall have the right to lodge a complaint with the DuitNow QR Owner & Operator if there are allegations of Crediting Participant’s non-compliance to the DuitNow QR rules as reflected in these Terms.

7.3          The DuitNow QR Owner & Operator shall review of such complaints and allegations in accordance with Clause 7.4 below.

7.4          Merchant shall have the right to refer their disputes to the DuitNow QR Owner & Operator if there is an allegation of Participant’s non-compliance to the DuitNow QR rules. The DuitNow QR Owner & Operator will review such complaints and allegations, but such review will be confined to:

7.4.1              Determination whether there has been non-compliance;

7.4.2              Stipulating remedies for Participant to correct or address the non-compliance; and

7.4.3              Determination if penalties are applicable for the non-compliance.

7.5          All decisions rendered by the DuitNow QR Owner & Operator in response to complaints from Merchant shall be prima facie binding on the Crediting Participant.

8. Indemnity

8.1             Subject to the other party’s compliance with Clause 8.2 below, each party (“Indemnifying Party”) agrees to indemnify and hold the other party and its employees and agents harmless against any and all losses, expenses, claims, suits, demands, actions, and proceedings including all reasonable legal and other related fees or charges (“Liability”) which the other party may suffer or incur or for which the other party may become liable as a result of:

8.1.1              Any negligence, misrepresentation or fraud on the part of the Indemnifying Party, its employees, and agents with respect to the performance of its obligations or the exercise of any of its rights under this agreement;

8.1.2              Any claim by a User, Crediting Participant, Debiting Participant, DuitNow QR Owner & Operator or any other person for any breach by the Indemnifying Party of any applicable laws;

8.1.3              The failure of the Indemnifying Party to observe any of its obligations under this agreement; or

8.1.4              Any use of the DuitNow QR Brand by the Indemnifying Party other than as permitted by this agreement.

8.1.5              Except to the extent that such liability arises or is incurred by the other party by reason of any act or omission on its part mentioned in Clause 8.1.1 to Clause 8.1.4 above.

8.2          In the event a claim is made against a party in respect of which it is entitled to be indemnified pursuant to Clause 8.1 above, that party must:

8.2.1              Give notice of any such claim to the other party;

8.2.2              Consult with the other party in relation to any such claim; and

8.2.3              Not to settle any claim without obtaining the prior written consent of the other, such consent not to be unreasonably withheld.

8.3          The Crediting Participant is not liable to the Merchant for any loss or damage suffered by the Merchant as result of:

8.3.1              A missing or erroneous payment; and

8.3.2             The delay or disruption caused by any system failure beyond the Crediting Participant’s reasonable control.

9. Suspension

9.1          The DuitNow QR Owner & Operator or the Crediting Participants, as the case may be, reserve the right to suspend the Merchant’s access to the DuitNow QR Service under the following circumstances, which includes, but not limited to:

9.1.1              The Merchant breached this agreement, applicable rules, guidelines, regulations, circular or laws related to DuitNow QR that was communicated to the Merchant by the Crediting Participant;

9.1.2              The Merchant has inadequate operational controls or insufficient risk management processes, resulting in potential threats to the stability, integrity, safety and efficiency of DuitNow QR and/or RPP; or

9.1.3              The Merchant is suspected on reasonable grounds that it has committed or will commit fraudulent act in connection with the DuitNow QR; or

9.2         Upon suspension of the Merchant:

9.2.1              The services provided to the Merchant under the DuitNow QR Services will be suspended immediately;

9.2.2              The Merchant must cease all promotional and advertising that is related or can be perceived to be related to DuitNow QR;

9.2.3              The Merchant shall remove all DuitNow QR Brand from the Merchant’s marketing collaterals, channels and website; and

9.2.4              The Merchant must take all reasonable steps to comply with any directions of the Crediting Participants to minimise the impact on Users of the suspension or termination.

10. Termination

10.1 The DuitNow QR Owner & Operator or the Crediting Participant, as the case maybe, reserve the right to terminate the services provided under this agreement or DuitNow QR Service under the following circumstances, which includes, but not limited to:

10.1.1            This agreement between the Merchant and the Crediting Participant is terminated or expired;

10.1.2            The Merchant breached this agreement, applicable rules, guidelines, regulations, circulars or laws related to DuitNow QR that was communicated to the Merchant by the Crediting Participant;

10.1.3            The Merchant fails to remedy or take adequate steps to remedy its default under this agreement to the satisfaction of the Crediting Participant or the DuitNow QR Owner & Operator, as the case maybe, within the timeframe specified by the Crediting Participant;

10.1.4            The Merchant has inadequate operational controls or insufficient risk management processes resulting in potential threats to the stability, integrity, safety and efficiency of the DuitNow QR and/or RPP;

10.1.5            Court order(s) affecting the Merchant or the Crediting Participant(s) membership and/or legal status;

10.1.6            Directive(s) issued by regulatory or government authority affecting the Merchant or the Crediting Participant(s) membership and/or legal status;

10.1.7            The Merchant’s insolvency;

10.1.8            The Crediting Participant’s membership in DuitNow QR, RPP or RENTAS is terminated or suspended and the Merchant has not appointed a replacement Crediting Participant; or

10.1.9            Such other detrimental circumstances or reasons that PayNet considers necessary to suspend or terminate such Merchant’s access to DuitNow QR.

10.2                   Upon termination of this agreement, the participation of Merchant in DuitNow QR is automatically terminated and the Merchant will no longer have access to DuitNow QR and the services provided under DuitNow QR.

11. Crediting To Merchant

11.1      Crediting Participants are required to credit Merchant’s bank account with funds from incoming Payment Instructions and make the incoming funds available for the Merchant’ unencumbered use immediately except for situations where the Merchant has specifically agreed for delayed or batched posting.

11.2      Crediting Participants must make payment in full to the Merchant and shall not deduct any fees from the payment proceeds due to a Merchant, except for situations where the Merchant has specifically agreed in writing that fees can be deducted from Payments Instructions.

12. Voluntary Exit from DuitNow QR

12.1      Merchant has the option to terminate their access to the DuitNow QR by giving prior written notification to the Crediting Participant with one month’s notice.

13. Provision of Reconciliation Information

13.1     Crediting Participant shall reasonably make available to the Merchant the following minimum information, for the purpose of facilitating the Merchant’s reconciliation processes and accounting for payment of receipts and fees:

13.1.1           Reference No. or Business Message Identifier;

13.1.2           User’s name;

13.1.3           Recipient Reference;

13.1.4           Other Payment Details, where applicable;

13.1.5           Transaction amount;

13.1.6           Transaction date and time;

13.1.7           Debiting Participant’s name;

13.1.8           Account type;

13.1.9           Gross total transaction value;

13.1.10         Total transaction volume; and

13.1.11         Total fees/ commissions charged

13.2   Crediting Participant shall ensure that the Merchant has access to the following information as described in Clause 15.1 below, at the minimum in the following manner:

13.2.1           Mobile application;

13.2.2            Data files or electronic files;

13.2.3            E-statements; or

13.2.4            Reports, either electronic or in hardcopies.

14. Liability for Unrecoverable Loss

14.1       For erroneous payment, mistaken, unauthorised and/or fraudulent payment that cannot be fully or partially recovered, the amount that cannot be recovered will be deemed as Unrecoverable Loss and the party causing or who could have reasonably prevented the Unrecoverable Loss will be liable to bear that loss.

14.2       If, after completing its investigations, the Crediting Participant has reasonable grounds to believe that the Merchant caused could have reasonably prevented the Unrecoverable Loss, the Crediting Participant shall notify the Merchant and shall have the right to freeze funds in the Merchant’s account until there is satisfactory resolution of Unrecoverable Loss. The amount frozen shall be no more than the amount of the Unrecoverable Loss.

14.3       The Merchant agrees to take all measures to recover the Unrecoverable Loss if the Unrecoverable Loss is due to its fault or negligence. Notwithstanding the aforesaid, the Crediting Participant shall not be prevented from taking legal action against the Merchant to make good the Unrecoverable Loss to the extent permitted by law.

14.4       The Crediting Participant shall fully refund DuitNow QR fees incurred for erroneous, mistaken, unauthorised and /or fraudulent payment, if the error was not due to the Merchant except in situations where the Merchant decides to partially refund an overpayment. If the Merchant opts to partially refund overpayments to the Consumer, the Merchant shall bear the transactions fees for executing the refund.

15. Representation and Warranty

15.1       The Merchant acknowledges and agrees that the obligation of confidentiality extends but not limited to those specified in Clause 17 below, the disclosure of fees and charges contained in this Agreement; and any technology or know-how related to the service or the performance of this agreement.

15.2       The Merchant agrees to comply with PDPA of which it is bound and shall not do any act that will cause the Crediting Participant, Debiting Participant and the DuitNow QR Owner & Operator to breach any personal data protection laws.

16. Disclaimer

16.1       The DuitNow QR Owner & Operator and Crediting Participant shall not be liable for any claims, actions, demands, costs, expenses, losses, and damages (actual and consequential) including legal costs that are incurred or suffered by the Merchant arising out of or caused by the Crediting Participant in connection with the operations and services provided by the Crediting Participant in the service. The Merchant agrees that it will communicate and resolve any dispute in relation to the aforesaid matters with the Crediting Participant.

17. Confidentiality

17.1         The Merchant shall treat any information it receives or possess as result of this agreement, as confidential and will not use such information other than for the purposes which it was given.

17.2      Clause 17.1 shall not apply to information which:

17.2.1    Is or has at the time of use or disclosure become public knowledge without any breach of this agreement by the parties;

17.2.2                 Is or has at the time of use or disclosure become generally known to companies engaged in the same or similar business(es) as the party on a non-confidential basis through no wrongful act of the party;

17.2.3 Is lawfully obtained by a party from third parties without any obligation by the party to maintain the information proprietary or confidential;

17.2.4               Is known by a party prior to disclosure hereunder without any obligation to keep it confidential and such information was not disclosed by the other party under this agreement;

17.2.5 Is independently developed by a party without reference to or use of the other party’s Confidential Information; or

17.2.6    Is required to disclose or divulge by any court, tribunal, governmental or authority with competent jurisdiction or by any statute, regulation or other legal requirement, take over panel or other public or quasi-public body as required by law and where the Party is required by law to make such disclosure. The Party shall give notification as soon as practical prior to such disclosure being made.

18. Variation and Waiver

18.1      The Crediting Participant may change the terms of this agreement at any time in writing and such change shall take effect from the date specified in the notice.

18.2      Any provisions herein cannot be waived except in writing signed by the party granting the waiver.

19. Severability

19.1      If the whole or any part of a provision of this agreement is void, unenforceable or illegal in one jurisdiction, the remainder of this agreement shall be enforceable and valid in other jurisdictions.

20. Force Majeure

20.1         The Crediting Participant shall not be liable to the Merchant for any loss or damage (including direct or consequential), for failure to observe or perform its obligations under this agreement for reasons which could not be reasonable diligence be controlled or prevented by the Crediting Participant, including but not limited to, strikes, acts of God, acts of nature, acts of government not limited to movement control order fire, flood, storm, riots, power shortages or power failure, power disruption by war, sabotage or inability to obtain sufficient labour, fuel or utilities.

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.

Enjoy 9% (RM8) Rebate at
AEON

  • Valid from 15 Jan 2022 – 28 Feb 2022
  • Minimum spend: RM88
  • Limited to 62,500 redemptions 
  • TWO(2) redemptions per user throughout the campaign

1. Campaign period is from 15 January 2022 (12:00am) – 28 February 2022 (11.59pm).
2. GrabPay users are eligible for a “RM8 rebate” in your “My Rewards” when you spend a minimum of RM88 on a single receipt via GrabPay Wallet.
3. The offer of “RM8 rebate” is limited to a total of 62,500 redemptions throughout the campaign period.
4. Offer is valid for TWO (2) in-store redemptions with a cap of ONE(1) redemption per user per day throughout the campaign. Shared across AEON Co, AEON BiG, AEON MaxValu Prime, and AEON Wellness throughout the campaign period. 
5. The “RM8 rebate” will be awarded instantly with a minimum transaction of RM88 with GrabPay at all outlets of AEON Co, AEON BiG, AEON MaxValu Prime, AEON Wellness; The rebate can be found under “My Rewards”. Rebate must be redeemed by clicking “use now” under “My Rewards” 30 days from the date of issuance.
6. The campaign will cease once all redemptions have been fully awarded or at the expiration of the campaign period, whichever is earlier.
7. Offer is based on a first come first served and while stocks last basis only.
8. Grab and AEON Group shall not be under any obligation to inform users, on any communication channels once the offer has been fully redeemed.
9. Offer is only available for AEON Co, AEON BiG, AEON MaxValu Prime, and AEON Wellness physical stores purchases at cashier counter only via GrabPay Wallet; offer is not applicable for online or GrabMart purchases.
10. Offer is not exchangeable for cash or replacements.
11. Offer is not valid with any other voucher, discount or promotion.
12. Grab and AEON Group reserve the right to alter, extend or terminate the promotion, or amend the terms and conditions at its sole discretion at any time without prior notice. In case of any disputes directly or indirectly arising from the promotion, the decision of Grab and AEON Group shall be final.
13. These terms and conditions shall be governed by the laws of Malaysia and any dispute arising out of or in connection with promotion shall be referred to the exclusive jurisdiction of courts of Malaysia.
14. This rebate is non-transferable to any party.