Terms of Use for Malaysia GrabTaxi Passengers

Last modified: 22 March 2019

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 MYTEKSI SDN BHD (Company No. 953755-D) (the “Company”). In order to use the Service, you must agree to the Terms of Use that are set out below. By using the 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 transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, 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 reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.grab.com. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at http://www.grab.com.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS TO OFFER TRANSPORTATION SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD PARTY TRANSPORTATION PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE TRANSPORTATION SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY TRANSPORTATION PROVIDER AND/OR ANY TRANSPORTATION SERVICES PROVIDED TO YOU.

  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. 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 your home nation 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 comply with Grab’s community guideline at www.grab.com/communitystandards
  • 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 shall not contact the third party transportation provider for purposes other than 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) account can be registered on one device;
  • 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 data account which you are authorized to use;
  • 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 are aware that when requesting transportation services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, the Company or any third party as a result of any breach of the Terms of Use.

  1. Payment

You may choose to pay for the transportation services by cash or where available, by credit card and or debit card, by GrabPay Credits or where available by such other methods as are made available in the Application.

The terms of all non-cash payments made by you through the Application will be governed by the GrabPay Terms of Use, accessible via the https://www.grab.com/my/terms/ website.

  1. GrabRewards Loyalty Program

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.

The terms of the GrabRewards Loyalty Programme will be governed by the GrabPay Terms of Use, accessible via the https://www.grab.com/my/terms/ website.

  1. 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.

  1. Cancellation Fee

You may cancel your request for transportation services at any time before you commence your ride with the third party transport service provider that has been matched with you by the Service.

If after placing a booking you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as the Company may notify from time to time, as per the Cancellation Policy.

If you feel you were incorrectly charged a Cancellation Fee, you may contact the Company via Help Centre for assistance. Grab reserves its absolute discretion to any refunds that it may determine to provide to you and such refunds may be credited to the payment card you used for the journey or the GrabPay Credit or such other method as is deemed reasonable by the Company, for cash payments.

  1. Ratings by Third Party Transport Service Providers

The third party transport service providers have the right to rate you as a user of the Service or a user for whom you book the Service (User). Every rating will be based on, but not limited, to the User’s conduct or behavior, before, during or after the ride has been completed.

Every rating will be automatically logged onto the Company’s system and you agree that the Company may analyse all ratings received and reserves the discretion to take all appropriate actions including suspending your use of the Service without any notice to you.

  1. License Grant & Restrictions

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) 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; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) 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, (v) 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, (vi) 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; (vii) 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, (viii) 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: (i) send spam or otherwise duplicative or unsolicited messages; (ii) 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; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

  1. Intellectual Property Ownership

The Company and its licensors, 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. The 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 transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, 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.

  1. Confidentiality

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission of you;
  • was received from a third-party having the right to disclose it; or
  • is required to be disclosed by law.
  1. 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 from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

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 “Purpose”):

  • 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;
  • 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;
  • 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 develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
  • 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 respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • 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 organised 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 Purposes, please notify the Company using the support contact details as provided in the Application.

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, please update your details by sending your request to the support contact details as provided in the Application.

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.

By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

  1. 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 licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Group 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 providers of transportation, 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.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.grab.com. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

  1. Repair or Cleaning Fees

You shall be responsible for the cost of repair for any damage to or necessary cleaning of the third party service provider’s vehicle as a result of your misuse of the Service or in breach of the Terms of Use herein. The Company reserves the right to facilitate payment for reasonable cost of such repair or cleaning on behalf of the third party service provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the third party service provider has been verified by the Company.

  1. 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: (a) 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, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application or (e) your use or misuse of Rewards or your membership under the GrabRewards Loyalty Programme, including if you commit any fraud or misrepresent any information supplied.

  1. Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION, THE SOFTWARE AND/OR REWARDS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) 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, (B) THE SERVICE AND/OR REWARDS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, REWARDS OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY TRANSPORTATION PROVIDER. THE SERVICE AND REWARDS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES AND/OR REWARDS, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE AND/OR THE REDEMPTION, SUPPLY OR USE OF REWARDS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS REMAIN SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

  1. Internet Delays

THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, COSTS OR EXPENSES INCURRED, SUFFERED OR SUSTAINED BY YOU ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE GRABREWARDS LOYALTY PROGRAMME, INCLUDING WITHOUT LIMITATION:

  • ANY FAILURE OR REFUSAL BY ANY THIRD PARTY MERCHANTS IN ACCEPTING THE POINTS FOR REDEMPTION OR REWARDS REDEEMED;
  • ANY LOSS OF DATA AND RECORDS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE THIRD PARTY MERCHANTS PROVIDING THE REWARDS;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME; AND
  • ANY LOSS OF VALUE OR BENEFIT THAT MAY ARISE AS A RESULT OF ANY CHANGES MADE TO THE GRABREWARDS LOYALTY PROGRAMME.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY OR DELAY OF YOUR JOURNEY FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, UNFORESEEABLE TRAFFIC CONDITIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.

THE COMPANY PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS TECHNOLOGY, APPLICATIONS, OR CUSTOMER SERVICE WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, OR QUALITY OF THE DELIVERY SERVICES, APPLICATION OR THE THIRD PARTY TRANSPORTATION PROVIDERS.

THE COMPANY IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICE OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE  APPLICATION.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY WHICH YOU MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE THIRD PARTY TRANSPORTATION PROVIDERS’ SERVICES, MATTERS RELATING TO THIRD PARTY TRANSPORTATION PROVIDERS, OR THE PROCESS OF TRANSPORTATION BY REASON OF YOU USING THE SERVICE IN YOUR CAPACITY AS A PASSENGER.

  1. Notice

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

  1. 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.

  1. General

This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of 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.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement.

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.

Terms of Use for Malaysia GrabCar Passengers

Last modified: 22 March 2019

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 GRABCAR SDN BHD (Company No. 1089444-V) (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the 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 transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, 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 reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.grab.com. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at http://www.grab.com.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS TO OFFER TRANSPORTATION SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD PARTY TRANSPORTATION PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE TRANSPORTATION SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY TRANSPORTATION PROVIDER AND/OR ANY TRANSPORTATION SERVICES PROVIDED TO YOU.

  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. 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 your home nation 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 comply with Grab’s community guideline at  www.grab.com/communitystandards
  • 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 shall not contact the third party transportation provider for purposes other than 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) account can be registered on one device;
  • 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 data account which you are authorized to use;
  • 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 are aware that when requesting transportation services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, the Company or any third party as a result of any breach of the Terms of Use.

  1. Payment
  • You may choose to pay for the transportation services by cash and where available, by credit card and or debit card (“Card”).
  • In the event that you choose to pay for the transportation services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the transportation services.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • 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 by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
  • When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing. This will automatically be added to the transportation fee 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.
  • Once you have completed a journey using the Service, you are required to make payment in full to the third party transportation provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third party transportation provider directly.
  • The Company reserves the right to suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where the Company reasonably believes that the Card has been used for a transaction that 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.
  • You shall be responsible to resolve any disputes with your Card company on your own.
  1. GrabPay Credits
  • You may purchase credits (“GrabPay Credits”) which may be used to pay for the transportation services. The maximum amount of GrabPay Credits that you can hold at any time is RM1,500.00.
  • You may choose to purchase GrabPay Credits through any of the methods as may be made available in the Application from time to time. Selecting a particular payment method 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 equal RM1,500.00 or more
  • The GrabPay Credits will only be valid for one (1) year from the date of your last purchase or spend, whichever later. The expiry date set out in the Application shall serve as conclusive evidence of the expiry date of your GrabPay Credits. The Company shall have the right to deal with the expired GrabPay Credits in such manner as it deems fit in its absolute discretion. After the expiry of your GrabPay Credits, you hereby agree that you will have no claim whatsoever against the Company. You hereby agree that you will have no claim whatsoever against the Company for any expired GrabPay Credits.
  • The GrabPay Credits are not redeemable for cash nor are they refundable under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. The GrabPay Credits shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • 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 should ensure that you have sufficient GrabPay Credits to pay for the transportation services. If you have insufficient credit balance to pay for the transportation services, you may purchase additional GrabPay Credits so that you may complete your payment for the transportation services.
  • 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 credit purchase may involve credit card transactions through a financial institution, in the event of any error in such transaction which results in chargebacks from the financial institution, the Company reserves the right to clawback the credits (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 credit purchase 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.
  1. GrabRewards Loyalty Program

Membership

  • 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”).
  • 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”).

Earning Points

  • The Company may, at its sole and absolute discretion, award you points (“Points”) which can be used to redeem for Rewards upon the completion of GrabTaxi qualifying transportation services booked via the Application in Malaysia.
  • The Company may, at its sole an absolute discretion, issue you 1 Point for every RM1.00 that you actually spend on qualifying GrabTaxi transportation services in Malaysia. Points will not be earned on any promotion code discounts or fare adjustments applied in connection with the qualifying Company’s services. For instance, if your ride costs RM13.50 and you received a RM3.50 discount, the Company, may at its sole and absolute discretion, issue you 10 Points on the RM10.00.
  • The Company may, at its sole discretion, issue you 1 point for every RM1.00 of the lower bound fare shown at the time when you make your booking for qualifying GrabTaxi transportation services in Malaysia (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying GrabTaxi transportation services shall be excluded for Point issuance purposes). For instance, if the estimated fare shown at the time of your booking for your GrabTaxi Ride is between RM7.00 and RM10.00 and you received RM2.00 discount, the Company may, at its sole and absolute discretion, issue you 5 points for RM5.00 being the lower bound fare shown at the time of your booking excluding fare discounts.
  • The Points are calculated on a per transaction basis and rounded up to the nearest whole number if the decimal more or equal to 0.5 Points, and down the nearest whole number if the decimal is equal or less than 0.5 points. For instance, if you spent RM10.50 on a GrabTaxi ride, the Company may at its sole and absolute discretion, issue you 11 Points, but if you spent RM10.25 on a GrabTaxi ride, the Company may, at its sole and absolute discretion, issue you 10 Points.
  • For actual spending that results in decimals less than 1 Point, the Company, may at its sole and absolute discretion, issue you 1 Point. For instance, if your GrabTaxi ride costs RM6.00 and you received a RM5.50 discount, the Company, may at its sole and absolute discretion, issue you 1 Point on the RM0.50 that you actually paid.

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 Validity

  • Points earned:
  • between 1 January to 30 June in a calendar year are valid until 31 December of that calendar year; and
  • between 1 July to 31 December in a calendar year are valid until 30 June of the next calendar year.
  • 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.
  • 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.

Redemption of Rewards

  • If you comply with all these terms and conditions 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 reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.
  • 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.

Membership Tiers

  • 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-tier membership tier known as “Gold”; and
  • a premier membership tier known as “Platinum”.
  • The number of Points required to upgrade or renew the tiered membership is set out below:
Membership Tier Requisite Points to be earned between 1 January to 30 June or 1 July to 31 December in a calendar year
a.   Member 0
b.   Silver 1000
c.   Gold 3000
d.   Platinum 8000
  • 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.
  • 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 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.

Cessation of Membership

  • If you do not wish to be a member of the GrabRewards Loyalty Programme, you may do so by opting out though the Application.
  • You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone.
  • 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.
  • Fraud or abuse of redemptions may result in the forfeiture of accumulated Points as well as cancellation of your membership in the GrabRewards Loyalty Programme.

General

  • To the extent as permitted by applicable laws, the Company reserves the right at any time to:
  • vary, modify or amend the terms and conditions of the GrabRewards Loyalty Programme (including adding or deleting any terms);
  • terminate or modify the GrabRewards Loyalty Programme;
  • revoke, adjust and/or recalculate any Points awarded;
  • change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
  • change the number of Points that can be earned on spendings on qualifying transportation services;
  • modify the qualifications and eligibility for earning Points;
  • modify the activities that earn Points;
  • modify the methods used to calculate the number of Points to be awarded;
  • withhold or cease the awarding of Points to you;
  • modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
  • change or withdraw any benefits related to a particular membership tier;

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.
  1. GRABLITE

UNLESS OTHERWISE SPECIFIED IN THIS TERMS OF USE, THE CONDITIONS UNDER THIS SECTION SHALL PREVAIL OVER THE CONDITIONS IN THE TERMS OF USE.

In our effort to ensure a seamless ride experience for you in the event of the Application becoming unavailable, the Company has introduced ‘GrabLite’. GrabLite is a basic version of the Application which allows you to continue to make bookings during a downtime affecting the Application. In the event of a downtime, the Application will automatically switch to the GrabLite version without any action on your part. Being a basic version, GrabLite will have some differences in its features and application compared to the Application. The following are the differences that you should be aware of:-

  • Only GrabCar. Under GrabLite, only GrabCar will be available for booking.
  • Fixed Fares. A ride booked via GrabLite shall have fixed fare only irrespective of the type of transport / vehicles or distance. The fixed fare will be shown on the GrabLite Application after you have keyed in your location and destination. By continuing with the booking, you hereby acknowledge and agree that you accept the fixed fare.
  • Cash Payment Only. As a stripped-down version of the Application, rides made via GrabLite shall be paid by CASH ONLY. GrabLite is unable to accept payments by GrabPay credits and credit cards.
  • Manual Key-In. You are required to manually key-in your pick-up location and destination.
  • Number Masking. Under GrabLite, there will be no number masking. This means that your number will be available to the Service Providers. By continuing to with the booking, you hereby acknowledge that you understand and agree to this condition.
  • No GrabRewards Points. Any ride booked via GrabLite will not be entitled to any GrabRewards Points.
  • No Chat Function. The chat function in GrabLite will be disabled. Therefore, the only means of communication with the Service Providers will need to be conducted via calls.
  • Other Stripped Down Functionalities. As a stripped-down version of the Application, GrabLite will not show the estimated time of arrival of your booking. Any promos that are running when GrabLite is activated will not be eligible to be used and you will not be able to tag your ride as ‘Business ride’.
  1. 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.

  1. Cancellation Fee

You may cancel your request for transportation services at any time before you commence your ride with the third party transport service provider that has been matched with you by the Service.

If after placing a booking you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as the Company may notify from time to time, as per the Cancellation Policy.

If you feel you were incorrectly charged a Cancellation Fee, you may contact the Company via Help Centre for assistance. Grab reserves its absolute discretion to any refunds that it may determine to provide to you and such refunds may be credited to the payment card you used for the journey or the GrabPay Credit or such other method as is deemed reasonable by the Company, for cash payments.

  1. Ratings by Third Party Transport Service Providers

The third party transport service providers have the right to rate you as a user of the Service or a user for whom you book the Service (User). Every rating will be based on, but not limited, to the User’s conduct or behavior, before, during or after the ride has been completed.

Every rating will be automatically logged onto the Company’s system and you agree that the Company may analyse all ratings received and reserves the discretion to take all appropriate actions including suspending your use of the Service without any notice to you.

  1. License Grant & Restrictions

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) 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; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) 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, (v) 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, (vi) 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; (vii) 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, (viii) 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: (i) send spam or otherwise duplicative or unsolicited messages; (ii) 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; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

  1. Intellectual Property Ownership

The Company and its licensors, 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. The 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 transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, 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.

  1. Confidentiality

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission of you;
  • was received from a third-party having the right to disclose it; or
  • is required to be disclosed by law.
  1. 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 from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

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 “Purpose”):

  • 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;
  • 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;
  • 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 develop, enhance and provide what is required pursuant to the Terms of Use herein to meet
your needs;
  • 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 respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • 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 organised 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 Purposes, please notify the Company using the support contact details as provided in the Application.

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, please update your details by sending your request to the support contact details as provided in the Application.

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.

By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

  1. 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 licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Group 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 providers of transportation, 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.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.grab.com. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

  1. Repair or Cleaning Fees

You shall be responsible for the cost of repair for any damage to or necessary cleaning of the third party service provider’s vehicle as a result of your misuse of the Service or in breach of the Terms of Use herein. The Company reserves the right to facilitate payment for reasonable cost of such repair or cleaning on behalf of the third party service provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the third party service provider has been verified by the Company.

  1. 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: (a) 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, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application or (e) your use or misuse of Rewards or your membership under the GrabRewards Loyalty Programme, including if you commit any fraud or misrepresent any information supplied.

  1. Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION, THE SOFTWARE AND/OR REWARDS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) 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, (B) THE SERVICE AND/OR REWARDS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, REWARDS OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY TRANSPORTATION PROVIDER. THE SERVICE AND REWARDS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES AND/OR REWARDS, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE AND/OR THE REDEMPTION, SUPPLY OR USE OF REWARDS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS REMAIN SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

  1. Internet Delays

THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, COSTS OR EXPENSES INCURRED, SUFFERED OR SUSTAINED BY YOU ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE GRABREWARDS LOYALTY PROGRAMME, INCLUDING WITHOUT LIMITATION:

  • ANY FAILURE OR REFUSAL BY ANY THIRD PARTY MERCHANTS IN ACCEPTING THE POINTS FOR REDEMPTION OR REWARDS REDEEMED;
  • ANY LOSS OF DATA AND RECORDS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE THIRD PARTY MERCHANTS PROVIDING THE REWARDS;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME; AND
  • ANY LOSS OF VALUE OR BENEFIT THAT MAY ARISE AS A RESULT OF ANY CHANGES MADE TO THE GRABREWARDS LOYALTY PROGRAMME.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY OR DELAY OF YOUR JOURNEY FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, UNFORESEEABLE TRAFFIC CONDITIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.

THE COMPANY PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS TECHNOLOGY, APPLICATIONS, OR CUSTOMER SERVICE WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, OR QUALITY OF THE DELIVERY SERVICES, APPLICATION OR THE THIRD PARTY TRANSPORTATION PROVIDERS.

THE COMPANY IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICE OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE  APPLICATION.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY WHICH YOU MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE THIRD PARTY TRANSPORTATION PROVIDERS’ SERVICES, MATTERS RELATING TO THIRD PARTY TRANSPORTATION PROVIDERS, OR THE PROCESS OF TRANSPORTATION BY REASON OF YOU USING THE SERVICE IN YOUR CAPACITY AS A PASSENGER.

  1. Notice

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

  1. 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.

  1. General

This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Asian International Arbitration Center (“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.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement.

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.

Terms of Use for Malaysia GrabShare Passengers

Last modified: 22 March 2019

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 GRABCAR SDN BHD (Company No. 1089444-V) (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the 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 transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, 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 reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.grab.com. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at http://www.grab.com.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS TO OFFER TRANSPORTATION SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD PARTY TRANSPORTATION PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE TRANSPORTATION SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY TRANSPORTATION PROVIDER AND/OR ANY TRANSPORTATION SERVICES PROVIDED TO YOU.

  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. 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 your home nation 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 comply with Grab’s community guideline at  www.grab.com/communitystandards
  • 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 shall not contact the third party transportation provider for purposes other than 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) account can be registered on one device;
  • 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 data account which you are authorized to use;
  • 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 are aware that when requesting transportation services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, the Company or any third party as a result of any breach of the Terms of Use.

  1. Payment
  • You may choose to pay for the transportation services by cash and where available, by credit card and or debit card (“Card”).
  • In the event that you choose to pay for the transportation services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the transportation services.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • 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 by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
  • When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing. This will automatically be added to the transportation fee 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.
  • Once you have completed a journey using the Service, you are required to make payment in full to the third party transportation provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third party transportation provider directly.
  • The Company reserves the right to suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where the Company reasonably believes that the Card has been used for a transaction that 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.
  • You shall be responsible to resolve any disputes with your Card company on your own.
  1. GrabPay Credits
  • You may purchase credits (“GrabPay Credits”) which may be used to pay for the transportation services. The maximum amount of GrabPay Credits that you can hold at any time is RM1,500.00.
  • You may choose to purchase GrabPay Credits through any of the methods as may be made available in the Application from time to time. Selecting a particular payment method 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 equal RM1,500.00 or more
  • The GrabPay Credits will only be valid for one (1) year from the date of your last purchase or spend, whichever later. The expiry date set out in the Application shall serve as conclusive evidence of the expiry date of your GrabPay Credits. The Company shall have the right to deal with the expired GrabPay Credits in such manner as it deems fit in its absolute discretion. After the expiry of your GrabPay Credits, you hereby agree that you will have no claim whatsoever against the Company. You hereby agree that you will have no claim whatsoever against the Company for any expired GrabPay Credits.
  • The GrabPay Credits are not redeemable for cash nor are they refundable under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. The GrabPay Credits shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • 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 should ensure that you have sufficient GrabPay Credits to pay for the transportation services. If you have insufficient credit balance to pay for the transportation services, you may purchase additional GrabPay Credits so that you may complete your payment for the transportation services.
  • 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 credit purchase may involve credit card transactions through a financial institution, in the event of any error in such transaction which results in chargebacks from the financial institution, the Company reserves the right to clawback the credits (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 credit purchase 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.
  1. GrabRewards Loyalty Program

Membership

  • 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”).
  • 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”).

Earning Points

  • The Company may, at its sole and absolute discretion, award you points (“Points”) which can be used to redeem for Rewards upon the completion of GrabTaxi qualifying transportation services booked via the Application in Malaysia.
  • The Company may, at its sole an absolute discretion, issue you 1 Point for every RM1.00 that you actually spend on qualifying GrabTaxi transportation services in Malaysia. Points will not be earned on any promotion code discounts or fare adjustments applied in connection with the qualifying Company’s services. For instance, if your ride costs RM13.50 and you received a RM3.50 discount, the Company, may at its sole and absolute discretion, issue you 10 Points on the RM10.00.
  • The Company may, at its sole discretion, issue you 1 point for every RM1.00 of the lower bound fare shown at the time when you make your booking for qualifying GrabTaxi transportation services in Malaysia (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying GrabTaxi transportation services shall be excluded for Point issuance purposes). For instance, if the estimated fare shown at the time of your booking for your GrabTaxi Ride is between RM7.00 and RM10.00 and you received RM2.00 discount, the Company may, at its sole and absolute discretion, issue you 5 points for RM5.00 being the lower bound fare shown at the time of your booking excluding fare discounts.
  • The Points are calculated on a per transaction basis and rounded up to the nearest whole number if the decimal more or equal to 0.5 Points, and down the nearest whole number if the decimal is equal or less than 0.5 points. For instance, if you spent RM10.50 on a GrabTaxi ride, the Company may at its sole and absolute discretion, issue you 11 Points, but if you spent RM10.25 on a GrabTaxi ride, the Company may, at its sole and absolute discretion, issue you 10 Points.
  • For actual spending that results in decimals less than 1 Point, the Company, may at its sole and absolute discretion, issue you 1 Point. For instance, if your GrabTaxi ride costs RM6.00 and you received a RM5.50 discount, the Company, may at its sole and absolute discretion, issue you 1 Point on the RM0.50 that you actually paid.

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 Validity

  • Points earned:
  • between 1 January to 30 June in a calendar year are valid until 31 December of that calendar year; and
  • between 1 July to 31 December in a calendar year are valid until 30 June of the next calendar year.
  • 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.
  • 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.

Redemption of Rewards

  • If you comply with all these terms and conditions 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 reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.
  • 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.

Membership Tiers

  • 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-tier membership tier known as “Gold”; and
  • a premier membership tier known as “Platinum”.
  • The number of Points required to upgrade or renew the tiered membership is set out below:
Membership Tier Requisite Points to be earned between 1 January to 30 June or 1 July to 31 December in a calendar year
a.   Member 0
b.   Silver 1000
c.   Gold 3000
d.   Platinum 8000
  • 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.
  • 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 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.

Cessation of Membership

  • If you do not wish to be a member of the GrabRewards Loyalty Programme, you may do so by opting out though the Application.
  • You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone.
  • 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.
  • Fraud or abuse of redemptions may result in the forfeiture of accumulated Points as well as cancellation of your membership in the GrabRewards Loyalty Programme.

General

  • To the extent as permitted by applicable laws, the Company reserves the right at any time to:
  • vary, modify or amend the terms and conditions of the GrabRewards Loyalty Programme (including adding or deleting any terms);
  • terminate or modify the GrabRewards Loyalty Programme;
  • revoke, adjust and/or recalculate any Points awarded;
  • change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
  • change the number of Points that can be earned on spendings on qualifying transportation services;
  • modify the qualifications and eligibility for earning Points;
  • modify the activities that earn Points;
  • modify the methods used to calculate the number of Points to be awarded;
  • withhold or cease the awarding of Points to you;
  • modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
  • change or withdraw any benefits related to a particular membership tier;

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.
  1. GRABLITE

UNLESS OTHERWISE SPECIFIED IN THIS TERMS OF USE, THE CONDITIONS UNDER THIS SECTION SHALL PREVAIL OVER THE CONDITIONS IN THE TERMS OF USE.

In our effort to ensure a seamless ride experience for you in the event of the Application becoming unavailable, the Company has introduced ‘GrabLite’. GrabLite is a basic version of the Application which allows you to continue to make bookings during a downtime affecting the Application. In the event of a downtime, the Application will automatically switch to the GrabLite version without any action on your part. Being a basic version, GrabLite will have some differences in its features and application compared to the Application. The following are the differences that you should be aware of:-

  • Only GrabCar. Under GrabLite, only GrabCar will be available for booking.
  • Fixed Fares. A ride booked via GrabLite shall have fixed fare only irrespective of the type of transport / vehicles or distance. The fixed fare will be shown on the GrabLite Application after you have keyed in your location and destination. By continuing with the booking, you hereby acknowledge and agree that you accept the fixed fare.
  • Cash Payment Only. As a stripped-down version of the Application, rides made via GrabLite shall be paid by CASH ONLY. GrabLite is unable to accept payments by GrabPay credits and credit cards.
  • Manual Key-In. You are required to manually key-in your pick-up location and destination.
  • Number Masking. Under GrabLite, there will be no number masking. This means that your number will be available to the Service Providers. By continuing to with the booking, you hereby acknowledge that you understand and agree to this condition.
  • No GrabRewards Points. Any ride booked via GrabLite will not be entitled to any GrabRewards Points.
  • No Chat Function. The chat function in GrabLite will be disabled. Therefore, the only means of communication with the Service Providers will need to be conducted via calls.
  • Other Stripped Down Functionalities. As a stripped-down version of the Application, GrabLite will not show the estimated time of arrival of your booking. Any promos that are running when GrabLite is activated will not be eligible to be used and you will not be able to tag your ride as ‘Business ride’.
  1. 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.

  1. Cancellation Fee

You may cancel your request for transportation services at any time before you commence your ride with the third party transport service provider that has been matched with you by the Service.

If after placing a booking you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as the Company may notify from time to time, as per the Cancellation Policy.

If you feel you were incorrectly charged a Cancellation Fee, you may contact the Company via Help Centre for assistance. Grab reserves its absolute discretion to any refunds that it may determine to provide to you and such refunds may be credited to the payment card you used for the journey or the GrabPay Credit or such other method as is deemed reasonable by the Company, for cash payments.

  1. Ratings by Third Party Transport Service Providers

The third party transport service providers have the right to rate you as a user of the Service or a user for whom you book the Service (User). Every rating will be based on, but not limited, to the User’s conduct or behavior, before, during or after the ride has been completed.

Every rating will be automatically logged onto the Company’s system and you agree that the Company may analyse all ratings received and reserves the discretion to take all appropriate actions including suspending your use of the Service without any notice to you.

  1. License Grant & Restrictions

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) 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; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) 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, (v) 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, (vi) 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; (vii) 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, (viii) 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: (i) send spam or otherwise duplicative or unsolicited messages; (ii) 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; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

  1. Intellectual Property Ownership

The Company and its licensors, 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. The 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 transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, 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.

  1. Confidentiality

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission of you;
  • was received from a third-party having the right to disclose it; or
  • is required to be disclosed by law.
  1. 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 from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

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 “Purpose”):

  • 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;
  • 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;
  • 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 develop, enhance and provide what is required pursuant to the Terms of Use herein to meet
your needs;
  • 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 respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • 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 organised 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 Purposes, please notify the Company using the support contact details as provided in the Application.

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, please update your details by sending your request to the support contact details as provided in the Application.

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.

By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

  1. 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 licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Group 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 providers of transportation, 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.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.grab.com. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

  1. Repair or Cleaning Fees

You shall be responsible for the cost of repair for any damage to or necessary cleaning of the third party service provider’s vehicle as a result of your misuse of the Service or in breach of the Terms of Use herein. The Company reserves the right to facilitate payment for reasonable cost of such repair or cleaning on behalf of the third party service provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the third party service provider has been verified by the Company.

  1. 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: (a) 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, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application or (e) your use or misuse of Rewards or your membership under the GrabRewards Loyalty Programme, including if you commit any fraud or misrepresent any information supplied.

  1. Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION, THE SOFTWARE AND/OR REWARDS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) 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, (B) THE SERVICE AND/OR REWARDS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, REWARDS OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY TRANSPORTATION PROVIDER. THE SERVICE AND REWARDS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES AND/OR REWARDS, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE AND/OR THE REDEMPTION, SUPPLY OR USE OF REWARDS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS REMAIN SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

  1. Internet Delays

THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, COSTS OR EXPENSES INCURRED, SUFFERED OR SUSTAINED BY YOU ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE GRABREWARDS LOYALTY PROGRAMME, INCLUDING WITHOUT LIMITATION:

  • ANY FAILURE OR REFUSAL BY ANY THIRD PARTY MERCHANTS IN ACCEPTING THE POINTS FOR REDEMPTION OR REWARDS REDEEMED;
  • ANY LOSS OF DATA AND RECORDS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE THIRD PARTY MERCHANTS PROVIDING THE REWARDS;
  • ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS RELATING TO THE GRABREWARDS LOYALTY PROGRAMME; AND
  • ANY LOSS OF VALUE OR BENEFIT THAT MAY ARISE AS A RESULT OF ANY CHANGES MADE TO THE GRABREWARDS LOYALTY PROGRAMME.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY OR DELAY OF YOUR JOURNEY FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, UNFORESEEABLE TRAFFIC CONDITIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.

THE COMPANY PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS TECHNOLOGY, APPLICATIONS, OR CUSTOMER SERVICE WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, OR QUALITY OF THE DELIVERY SERVICES, APPLICATION OR THE THIRD PARTY TRANSPORTATION PROVIDERS.

THE COMPANY IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICE OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE  APPLICATION.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY WHICH YOU MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE THIRD PARTY TRANSPORTATION PROVIDERS’ SERVICES, MATTERS RELATING TO THIRD PARTY TRANSPORTATION PROVIDERS, OR THE PROCESS OF TRANSPORTATION BY REASON OF YOU USING THE SERVICE IN YOUR CAPACITY AS A PASSENGER.

  1. Notice

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

  1. 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.

  1. General

This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Asian International Arbitration Center (“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.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement.

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.

Terms of Use for GrabPay Users In Malaysia

Last modified: 21 May 2018

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.
  1. 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, 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.

  1. Funding Methods for use of the Service
  • Users may choose to add any credit cards or such other methods of making payment into the GrabPay Wallet (the “Funding Sources”) as are made available in the Application to either make payments directly via the wallet, or to purchase GrabPay Credits.
  • 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.
  • 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.
  • 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.
  1. 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.
  • 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.
  • 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 Credits will only be valid for one (1) year from the date of your last purchase or spend, whichever the later. The expiry date set out in the Application shall serve as conclusive evidence of the expiry date of your GrabPay Credits. The Company shall have the right to deal with the expired GrabPay Credits in such manner as it deems fit in its absolute discretion.
  • 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.
  1. 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.
  • 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.
  1. 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.
  1. 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 on one mobile phone or other electronic device operating the Application;
  • 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.
  1. 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.
  • 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.
  • Airlines of all kind including but not limited to regular commercial airlines, low-cost carriers, charter and flight tour operators, private jets and helicopter taxi.
  • Alcoholic products and beverages.
  • Any goods or services promoting hate, violence, harm or intolerance in any form.
  • Any goods or services subject to UN Security Council’s sanctions.
  • Automotive sales (new and used motor vehicles of any kind).
  • certain credit repair, debt settlement services, credit transactions or insurance activities;
  • 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.
  • Computer technical support and IT help desks.
  • Crowd sourcing and crowd financing businesses, lending clubs, offering equity or rewards of any kind.
  • Cryptocurrency, Bitcoin, online currency, gaming coins, online gold and similar virtual assets.
  • Deceptive business practices such as Ponzi / pyramid schemes, multi-level marketing, guaranteed results, investment or trading courses and services.
  • Essay mills, paper mills and homework services.
  • Event organizers, sale/resale of tickets, event planning and related services.
  • File sharing and related services.
  • Financial services of any kind, such as lending, micro lending, investment schemes, escrow, collection agencies, bail bond services, debt collectors, credit aggregation, consolidation services, credit card protection and similar 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).
  • Healthcare, pharmaceuticals, supplements, nutritional products of any kind, medical supplies of any kind.
  • Hotels and accommodation services of any kind (such as hostels, apartments, serviced apartments, motels, resorts, villas).
  • 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;
  • Jewelry, gems, stones and precious metals.
  • Legal and tax consultancy, bankruptcy and any similar services.
  • Money service businesses such as remittance, transfer, money orders, prepaid gift cards, stored value facilities, quasi-cash, foreign exchange of currencies and 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
  • Oil and gas, petroleum and derived products.
  • Political, religious, spiritual, charitable and non-profit organizations of any kind.
  • Prepaid phone cards, phone services, and cell phones.
  • Private medical practices and e-doctors.
  • 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 animals or pets of any kind.
  • 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.
  • Spas, relaxation and massage services.
  • Stolen goods including unlawfully acquired or copied digital and virtual goods.
  • Subscriptions, memberships, free trials and any similar business models where a purchase is conditioned by a subscription.
  • The personal information of third parties in violation of Malaysian law.
  • The sale of traveler’s cheques or money orders.
  • The sales of products or services identified by Malaysian government agencies to have a high likelihood of being fraudulent or to be being transacted by the user in violation of Malaysian law.
  • Tobacco products, cigarettes, cigars, electronic cigarettes and related products (such as spare parts and recharges).
  • 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.
  1. 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.
  1. 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.
  1. 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.
  1. Data Privacy & Personal Data Protection Policy
  • 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 the provisions of this Data Privacy & Personal Data Protection Policy in Bahasa Melayu may be accessed below in Schedule.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. Complaints about use of the Service
  • Users are invited to contact the Company in the first instance in the event they wish to make a complaint about the use of the Service either via the following Customer Service line: Tel: 1300 80 5858 or via the following messaging service:https://help.grab.com/hc/ms
  • The Company wishes to make users aware of the Bank Negara Malaysia BNMLINK and TELELINK services concerning complaints and redress about the conduct and activities of regulated entities, including issuers of Designated Payment Instruments such as the Company. The Company is committed to full cooperation with the BNMLINK and TELELINK services and encourages users to make full use of these services should they wish to do so. Details of the BNMLINK and TELELINK services can be accessed at the following link: http://www.bnm.gov.my/?ch=en_complaint_redress
  • You agree to raise any complaints and disputes about incorrect Service within one month of the transaction, or of you becoming aware of the fraudulent usage of the GrabPay Wallet, whichever is earlier.
  • Notwithstanding the other provisions of these Terms of Use, the Company is a member of the Financial Ombudsman Scheme approved by Bank Negara Malaysia. The operator approved to operate the scheme is the Ombudsman for Financial Services (OFS), an independent alternative dispute resolution channel covering eligible Malaysia customers. OFS services are provided free of charge to eligible complainants who may be dissatisfied with the Company’s resolution of any dispute. For more information on the timeframe to file the dispute and the types of award that may be granted by OFS, please visit ofs.org.my.
  1. 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.
  1. 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.
  1. 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 Kuala Lumpur Regional Centre for Arbitration (“KLRCA”), in accordance with the Rules of the KLRCA 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 KLRCA 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.
  1. 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”).
  • 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 (“Points”) which can be used to redeem for Rewards upon the completion of GrabTaxi qualifying transportation services booked via the Application in Malaysia. 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 earned:
  1. between 1 January to 30 June in a calendar year are valid until 31 December of that calendar year; and
  2. between 1 July to 31 December in a calendar year are valid until 30 June of the next calendar year.
  • 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.
  • 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 and conditions 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 reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.
  • 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:
  1. an entry membership tier known as “Member”;
  2. a basic membership tier known as “Silver”;
  3. a mid-level membership tier known as “Gold”; and
  4. a premier membership tier known as “Platinum”.
  • The number of Points required to upgrade to or renew the tiered membership is set out below:
a.   Member 0
b.   Silver 1000
c.   Gold 3000
d.   Platinum 8000

 

  • 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.
  • 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 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.
  • You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone.
  • 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.
  • Fraud or abuse of redemptions may result in the forfeiture of accumulated Points as well as cancellation of your membership in the GrabRewards Loyalty Programme.
  • To the extent as permitted by applicable laws, the Company reserves the right at any time to:
  1. vary, modify or amend the terms and conditions of the GrabRewards Loyalty Programme (including adding or deleting any terms);
  2. terminate or modify the GrabRewards Loyalty Programme;
  3. revoke, adjust and/or recalculate any Points awarded;
  4. change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
  5. change the number of Points that can be earned on spendings on qualifying transportation services;
  6. modify the qualifications and eligibility for earning Points;
  7. modify the activities that earn Points;
  8. modify the methods used to calculate the number of Points to be awarded;
  9. withhold or cease the awarding of Points to you;
  10. modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
  11. change or withdraw any benefits related to a particular membership tier;

without prior notice to you and at its sole discretion.

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

 

Schedule of Applicable Fees and Charges

  • Use of the Consumer GrabPay Wallet for domestic payments and transfers in Malaysia is free to all users.
  • User of the Business Consumer GrabPay Wallet is free to all transportation providers as notified to the Company by MyTeksi Sdn. Bhd. and/or GrabCar Sdn. Bhd. for domestic payments and transfers.
  • Use of the Business GrabPay Wallet by Merchants shall be subject to a merchant discount rate commission on the total payment volume received payable by the Merchant to the Company of 5% or such other amount as is agreed in writing between the Company and the Merchant.

Terms of Use for Malaysia GrabFood Customers

Last modified: 16 October 2018

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 (as defined below). 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 Myteksi Sdn Bhd (Company No. 953755-D) (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the 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, inter alia, food delivery services to certain destinations to be matched with independent third party delivery service providers (collectively, 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.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to because a user on the Application by providing registration data while registering on the Application. The term “We”, “Us”, “Our” shall mean the Company.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective after five (5) days upon the posting of an updated version at http://www.grab.com. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes’ effectiveness, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at http://www.grab.com.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION, FOOD AND BEVERAGE, COURIER OR DELIVERY SERVICES. THE COMPANY IS NOT A FOOD AND BEVERAGE MERCHANT, COURIER OR DELIVERY SERVICE PROVIDER, OR TRANSPORTATION SERVICE PROVIDER. THE SERVICE OF THE COMPANY IS TO LINK INDEPENDENT THIRD-PARTY FOOD DELIVERY SERVICE PROVIDERS (“DELIVERY SERVICE PROVIDER”) WITH APPLICATION USERS AND FOOD AND BEVERAGE SERVICE PROVIDERS AVAILABLE ON OUR APPLICATION (“MERCHANT”).

IT IS UP TO EACH DELIVERY SERVICE PROVIDER TO OFFER AND PROVIDE FOOD DELIVERY SERVICES TO YOU. THE MERCHANTS ALSO OPERATE INDEPENDENTLY OF THE COMPANY. THE SERVICE OF THE COMPANY DOES NOT NOR IS IT INTENDED TO PROVIDE FOOD AND BEVERAGE AND/OR DELIVERY SERVICES. THERE WILL BE NO ACT OF THE COMPANY THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A MERCHANT OR DELIVERY SERVICE PROVIDER. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY DELIVERY SERVICE PROVIDER OR MERCHANT. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE MERCHANT’S FOOD PREPARATION, FOOD HYGIENE AND SAFETY AND THE COMPANY DOES NOT VERIFY ANY MERCHANT’S COMPLIANCE WITH APPLICABLE LAWS OR FOOD HYGIENE AND SAFETY REGULATIONS.

  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. 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 your home nation 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 comply with Grab’s community guideline at www.grab.com/communitystandards
  • You will not use the Service, the Application and/or the Software for sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Service, the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings and/or orders;
  • You will not use the Application and/or the Software for purposes other than obtaining the Service;
  • You will not use the Service, or any content accessible through the Service, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, Application user or Delivery Service Provider, unless the Company has given you specific consent to do so in writing;
  • You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Service except for your personal, noncommercial use;
  • You will not copy any content displayed through the Service and/or the Application, including but not limited to Merchants’ menu content and reviews, for republication in any format or media;
  • You shall not contact the third party transportation provider and/or Delivery Service Provider for purposes other than the Service;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the Delivery Service 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 either the Software or Service 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 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 data account which you are authorized to use;
  • 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 customers;
  • You are aware that when requesting food delivery services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not cause a nuisance or behave in an inappropriate or disrespectful manner towards the Company or the third party transportation provider and/or Delivery Service Provider regardless of any misgivings that you may have against the Company or the Delivery Service Provider;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

You are responsible for ensuring that the delivery details entered by you on the Application are accurate and complete. The Company shall not be liable in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Application.

After the delivery of the food and beverage items, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting as servant, representative or independent contractor for or on behalf of you.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Delivery Service Provider, the Merchant, the Company or any third party as a result of any breach of the Terms of Use.

  1. Bookings

The Application allows you to place orders for food and beverage from Merchants, such orders to be delivered to you by Delivery Service Providers, subject to the terms and conditions set out herein.

The Company does not own, sell or resell any food and beverage items and does not control the Merchants, the Delivery Service Providers or any services provided by them. You understand that any order that you place shall be subject to the product availability and delivery location serviceability of the Merchants and the Delivery Service Providers.

As a general rule, all food order and delivery bookings placed on the Application are treated as confirmed. However, upon your successful completion of a booking, the Merchant and/or the Delivery Service Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid, any change in price of the order, and/or the estimated delivery time. For avoidance of doubt, the Company is not involved in and will not be responsible for any separate arrangement between you and the Merchant and/or Delivery Service Provider regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.

The Company, Merchant and Delivery Service Provider reserve the right to not to process your booking in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, and in such event the provisions relating to cancellation below shall be applicable.

The prices of food and beverage items reflected in the Application are determined solely by the Merchant and are listed for information only.

Prices of food and beverage items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by Merchant, be incorrectly reflected and in such event Merchant may cancel your order(s).

The Merchant shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you and in no event shall the foregoing be the responsibility of the Company.

  1. Booking Cancellation

As a general rule you shall not be entitled to cancel your booking once you have received confirmation of the same.

If you cancel your booking after it has been confirmed, you remain liable to pay the delivery fee regardless of whether the food and beverage items have been prepared by the Merchant.

You remain liable to pay the order value in full where (i) cancellation is made by you after the Merchant starts food/beverage preparation or (ii) you are not present or do not show up at the designated delivery location or (iii) you are unreachable physically or uncontactable after 10 minutes from the time that the Delivery Service Provider arrives the designated delivery location.

The Company, Merchant and Delivery Service Provider will have the right to not proceed with your booking in the following circumstances:

  • where the requested delivery location falls outside the delivery zone offered on the Application;
  • failure to contact you by phone or other means at the time of confirming the order booking;
  • failure to deliver your order due to lack of information, direction or authorisation from you at the time of delivery; or
  • unavailability of all the items ordered by you at the time of booking.
  1. Payment

You may choose to pay for the transportation services by cash or where available, by credit card and or debit card, by GrabPay Credits or where available by such other methods as are made available in the Application.

The terms of all non-cash payments made by you through the Application will be governed by the GrabPay Terms of Use, accessible via the https://www.grab.com/my/terms/ website.

  1. 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.

The terms of the GrabRewards Loyalty Programme will be governed by the GrabPay Terms of Use, accessible via the https://www.grab.com/my/terms/ website.

  1. 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.

  1. License Grant & Restrictions

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) 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; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) 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; (v) 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; (vi) 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; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or (viii) 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: (i) send spam or otherwise duplicative or unsolicited messages; (ii) 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; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity or (vii) engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

  1. Intellectual Property Ownership

The Company and its licensors, 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. The 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 Merchants’ and Delivery Service Providers’ names, logos and images and the product names associated with the Software and/or the Application are trademarks or otherwise subject to intellectual property rights of the Company or third parties, 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.

  1. Confidentiality

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission of you;
  • was received from a third-party having the right to disclose it; or
  • is required to be disclosed by law.
  1. Data Privacy & Personal Data Protection Policy

You agree and consent to the Company collecting, using, disclosing 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, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company by any means 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 collect, use, disclose 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 any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Malaysia or overseas);
  • for the Company to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Malaysia or overseas including disclosing such Personal Data to Malaysia and overseas law enforcement agencies or courts);
  • to respond to questions, comments and feedback from you; and
  • in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data.

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 at the following email address: support.my@grab.com

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 email address: support.my@grab.com

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 is committed to full compliance with the provisions of the Personal Data Protection Act 2010 and has appointed a Personal Data Protection Officer for these purposes. Such officer may be communicated with in writing at the above email address.

  1. 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 licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Group 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 providers of transportation, 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.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.grab.com. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any Merchant, third party transportation provider, Delivery Service Provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

  1. 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: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation and/or delivery service providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including any merchant, or third party transportation and/or delivery service providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application.

  1. Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) 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, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE, BICYCLE OR MOBILITY DEVICE USED BY THE THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO MERCHANTS’ PRODUCTS, THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES OR OTHER PRODUCTS AND SERVICES OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO MERCHANTS’ PRODUCTS, THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES OR OTHER PRODUCTS AND SERVICES REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

  1. Internet Delays

THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE MERCHANT OR THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

  1. Limitation of Liability

ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.

THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH THE COMPANY, THE COMPANY CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, AND/OR DELIVERY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.

THE QUALITY OF PRODUCTS AND THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES ORDERED OR SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH PRODUCTS, TRANSPORTATION AND/OR DELIVERY SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO PRODUCTS, TRANSPORTATION OR DELIVERY THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

  1. Notice

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

  1. 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.

  1. General

This Agreement shall be governed by Malaysia law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms and Conditions or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to.

Enforcement of Malaysia Court Decision in Alternate Country

In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts of Malaysia or where judgment of a Malaysia court is unenforceable in the Alternate Country, unresolved disputes 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 you and the Company (the “Arbitrator”). If you and the Company are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Malaysia, in the English language and the fees of the Arbitrator shall be borne equally by you and the Company, 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.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from any third party service provider under this Agreement.

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.

Terms of Use for Malaysian GrabExpress Customers

Last modified: 16 October 2018

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 andGrabcar Sdn Bhd 1089444-V)the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the 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 transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, 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 reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.grab.com. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (the “Alternate Country”) whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at http://www.grab.com.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES AND THE COMPANY IS NOT A TRANSPORTATION OR DELIVERY SERVICEPROVIDER. IT IS UP TO THE THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE PROVIDERS TO OFFER TRANSPORTATION AND/OR DELIVERYSERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION AND/OR DELIVERYSERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE TRANSPORTATION AND/OR DELIVERY SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION OR DELIVERY SERVICE PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY TRANSPORTATION OR DELIVERY SERVICE PROVIDER AND/OR ANY TRANSPORTATION OR DELIVERY SERVICES PROVIDED TO YOU.

  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. 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 your home nation 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 comply with Grab’s community guideline at www.grab.com/communitystandards
  • 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 shall not contact the third party transportation and/or delivery services provider for purposes other than 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 or delivery services 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) account may be registered on one (1) device;
  • 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 data account which you are authorized to use;
  • 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 or customers;
  • You are aware that when requesting transportation and/or delivery services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You shall not send any parcel containing the below items:
    • Fragile items (including flowers, cakes) that require special handling
    • Perishable items (including durian)
    • Hazardous, explosive, flammable and unsafe items (including power banks)
    • Valuable items and documents (e.g. cash, passport, birth certificate)
    • Illegal items and substances
    • Live animals and plants
    • Any unpacked / loose items that can easily be damaged in transit
  • You agree the item(s) contained in the parcel has/have been packed by yourself
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

You warrant that you are either the owner or the authorized representative of the owner of the parcel, and is authorised to accept and is accepting these Conditions for himself and as representative for and on behalf of the owner of the parcel.

You are responsible for ensuring that RECEIVER NAME, CONTACT and DELIVERY ADDRESS are included accurately into the “Notes to Driver” column and on the parcel. The Company shall not be liable in the event of late or non-delivery of the parcel by reason of erroneous delivery details as aforesaid.

You are to ensure that a DESCRIPTION of the parcel is to be included into the “Notes to Driver” column. The User warrants that the description and particulars of the parcels are complete, accurate and correct. Before the delivery commences, the User shall inform the third party transportation and/or delivery services provider of any specific precaution which should be applied to the handling of the parcels in accordance with their nature.

You warrant that you are complying with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the parcels and that the parcels are not in any manner or condition prohibited by law or is dangerous, hazardous, highly perishable, inflammable, contains explosive, corrosive and/or radioactive or that it is a restricted article as defined by the ASEAN Framework Agreement on the Facilitation of parcels in Transit (Protocol 9) (http://www.asean.org/news/item/protocol-dangerous-parcels); or by any applicable government department and other relevant organisation.

You further warrant that your parcel does not contain any counterfeit goods, animals (whether live or otherwise), bullion, currencies of any denominations, tax stickers, bearer forms of any negotiable instruments, precious metals and stones, real or imitation weapons including firearms or part thereof, explosives, ammunition, human remains or body parts, pornographic materials and illicit drugs or narcotics.

The Company has the right to open and inspect a parcel without notice on the basis of suspicion that the parcel may contain any prohibited parcels and hereby reserves the right to reject acceptance and delivery of any parcels which in its opinion cannot be carried safely or legally.

You warrant that the parcel does not contain cash, cash equivalent or any valuable parcels valued more than MYR 500 (Ringgit Malaysia Five Hundred ).

Except where the third party transportation and/or delivery services provider has agreed in writing to pack the parcels, you warrant that the parcels have been packed by yourself personally, are properly and sufficiently prepared, packed, stowed and marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the parcels and the characteristics of the parcels.

You shall solely be liable for demurrage or loss, damage, contamination, soiling or detention, before, or after the delivery of the parcel (including but not limited to Containers) or any person referred to herein caused directly or indirectly by you or any person acting as servants, representatives or independent contractors for or on behalf of either of them.

The third party transportation and/or delivery services provider retains the right to refuse delivery, incuding but not limited to situations wherethe item is not packed well, above 10kg or larger than 30x45x42cm.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, the Company or any third party as a result of any breach of the Terms of Use.

  1. Payment
  • You may choose to pay for the transportation services by cash and where available, by credit card and or debit card (“Card”) or GrabPay Credits (the terms and conditions of which shall be determined by the Company and published via the Company’s channel whenever such GrabPay Credits is available).
  • In the event that you choose to pay for the transportation services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the transportation services.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • 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 by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
  • When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing. This will automatically be added to the transportation fee 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.
  • Once you have completed a journey using the Service, you are required to make payment in full to the third party transportation provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third party transportation provider directly.
  • The Company has the right to suspend or make unable the use of Card or limit the use of Card in the event there is any interruption in any transaction which may cause rejection or chargeback from any financial institution OR where the Company reasonably believes that the Card has been used for any transaction which may be considered as any fraudulent, illegal or involving criminal activity.
  • 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.
  • You shall be responsible to resolve any disputes with your Card company on your own.3.
  1. 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.

  1. License Grant & Restrictions

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) 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; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) 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, (v) 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, (vi) 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; (vii) 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, (viii) 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: (i) send spam or otherwise duplicative or unsolicited messages; (ii) 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; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

  1. Intellectual Property Ownership

The Company and its licensors, 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. The 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 transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, 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.

  1. Confidentiality

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

  • was at the time of receipt already in your possession;
  • is, or becomes in the future, public knowledge through no fault or omission of you;
  • was received from a third-party having the right to disclose it; or
  • is required to be disclosed by law.
  1. 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 from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

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 “Purpose”):

  • 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;
  • 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;
  • 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 develop, enhance and provide what is required pursuant to the Terms of Use herein to meet
    your needs;
  • 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 respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • 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 organised 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 Purposes, please notify the Company using the support contact details as provided in the Application.

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, please update your details by sending your request to the support contact details as provided in the Application.

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.

By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

  1. 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 licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Group 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 providers of transportation, 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.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.grab.com. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

  1. 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: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation and/or delivery services providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation and/or delivery services providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application including if you commit any fraud or misrepresent any information supplied.

  1. Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION, AND/OR THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) 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, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION, DELIVERYOR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION, DELIVERY OR OTHER SERVICES AND PRODUCTS REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.

  1. Internet Delays

THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

  1. Limitation of Liability

ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE APPLICATION, AND/OR THE SOFTWARE INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION, AND/OR THE SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.

THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH THE COMPANY, THE COMPANY CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICES PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE, AND/OR THE APPLICATION RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, AND/OR DELIVERY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE, AND/OR THE APPLICATION.

THE QUALITY OF THE THIRD PARTY TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY TRANSPORTATION PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY OR DELAY OF YOUR JOURNEY FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, UNFORESEEABLE TRAFFIC CONDITIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.

THE COMPANY PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS TECHNOLOGY, APPLICATIONS, OR CUSTOMER SERVICE WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.

THE COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, OR QUALITY OF THE DELIVERY SERVICES, APPLICATION OR THE THIRD PARTY TRANSPORTATION PROVIDERS.

THE COMPANY IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICE OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE APPLICATION.

THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY WHICH YOU MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE THIRD PARTY TRANSPORTATION PROVIDERS’ SERVICES, MATTERS RELATING TO THIRD PARTY TRANSPORTATION PROVIDERS, OR THE PROCESS OF TRANSPORTATION BY REASON OF YOU USING THE SERVICE IN YOUR CAPACITY AS A PASSENGER.

  1. Notice

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

  1. 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.

  1. General

This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of 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.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement.

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.

GRAB FOR BUSINESS TERMS AND CONDITIONS

As of 31 October 2018

These Grab for Business terms and conditions (the “Agreement“) are entered into by and between the Grab entity stated in the sign-up page (“Grab”) and You (“Client“). Capitalised terms used herein shall have the meaning ascribed to them in this Agreement.

This Agreement sets forth the terms under which a Customer may utilize the Grab for Business Portal in conjunction with the Grab Services accessed via the Grab App. Customer’s use of the Portal is subject to this Agreement and Passengers Terms of Service available at https://www.grab.com/terms/ which may be modified by Grab from time to time. Such modifications, variations and or changes to the Agreement or its policies relating to the Grab Service shall be effective upon the posting of an updated version at https://www.grab.com/terms/ Continued use of the Grab for Business Portal after any such postings or updates shall constitute Customer’s consent to such changes.

  1. DEFINITIONS

“Active Account” shall have the meaning set forth in Section 2.3.

“Customer Admin” shall have the meaning set forth in Section 3.1.

“Corporate Billing” shall mean an enterprise billing and payment process for the Grab Service provided by Grab to the Customer hereunder for User Charges, with payment by Customer directly to Grab on agreed credit terms if Grab has approved monthly billing for Customer, subject to a monthly statement delivered by Grab to Customer on a monthly basis.

“Corporate Credit Card” shall have the meaning set forth in Section 2.1.

“Customer User” shall mean an individual or group of individuals authorised to use the Corporate Active Account by the Customer in connection with the use of Grab Services, each as identified by Customer to Grab as set forth in this Agreement.

“Reimbursement” means the method of payment chosen by Customer from the Dashboard and payable to Grab by Customer at the end of each Customer User’s trip.

“Authorised User Groups” means such Authorised Customer Users as may be grouped together by the Customer Admin for the purposes of utilisation of the Services by the Authorised Customer Users of such Authorised User Groups.

“Authorised User Groups Usage Limit” shall mean the usage limit within the Customer Usage Limit as may be determined by You and set by the Customer Admin on the Dashboard for each Authorised User Group, beyond which the Services may not be availed by the Authorised Users of the concerned Authorised User Group.

“Authorised Users Usage Limit” shall mean the usage limit within the Customer Usage Limit (defined hereinbelow) as may be determined by You and set by the Customer Admin on the Dashboard for Authorised Users, beyond which the Services may not be availed by the concerned Authorised Users.

“Authorised Users Policies” shall mean the policy restrictions issued by Customer on the use of the Portal for the purpose of regulating the use of the Authorised Users.

“Portal” shall have the meaning set forth in Section 3.1.

“Portal Data” shall have the meaning set forth in Section 3.1.

“Data Protection Law” means all personal data protection or privacy laws, codes, statutes, ordinances, rules, regulations or enforcement order of any governmental or quasi-governmental authority of any jurisdiction in effect from time to time that apply in connection with either party’s obligations under this Agreement.

“Passenger Terms of Service” shall mean the terms and conditions applicable to all users of the Grab Service, available at https://www.grab.com/terms/, as may be updated by Grab from time to time.

“Linking Data” shall have the meaning set forth in Section 2.4.

“Monthly Trip Statement” shall have the meaning set forth in Section 5.2.

“Personal Data” means any information Customer obtains from Grab in connection with this Agreement that can reasonably be used to identify an individual, including but not limited to Dashboard Data as defined in Section 3.1, or that may otherwise be considered personal data.

“Proposed User” shall have the meaning set forth in Section 2.3.

“Service Fee” shall mean the service fees applicable to User Charges and/or Customer’s use of the Grab Services, if any, as set forth on the account creation form associated with this Agreement or otherwise agreed to between Grab and Customer.

“Term” shall have the meaning set forth in Section 6.1.

“Grab App” shall mean Uber’s Grab’s mobile application required for use of the Grab Service, as may be updated by Grab from time to time.

“Grab Service” shall mean Grab’s technology platform that, when used in conjunction with the Grab App, enables users to request on-demand ground transportation or other services from independent providers.

“User Charges” shall mean charges incurred by Customer Users for transportation or other services obtained through the use of the Grab Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Grab Service.

  1. PROVISION OF SERVICES

2.1 Access to Services.

Upon execution of this Agreement which is effective upon the completion of the sign-up account page on https://www.business.grab.com and after verification and acceptance by Grab, Grab will establish a Customer corporate account in accordance to Customer’s preferred mode of payment which is (i) postpaid billing (ii) reimbursement or (iii) credit card billing (“Customer Billing”). Using such corporate account, Customer, at its discretion, may permit Customer Users with an Active Account to employ Customer Billing when using the Grab Service. Customer acknowledges a Customer User employing Customer Billing will be incurring User Charges to the account of Customer, and not to the Customer User’s personal account or credit card, and Customer agrees to pay all User Charges incurred under Corporate Billing, as well as any applicable Services Fees, in accordance with the terms and conditions herein. Subject to Customer’s compliance with this Agreement, Grab agrees to use commercially reasonable efforts to provide the Grab Service and Customer Billing to Customer and the Customer Users as set forth herein.

2.2 Grab Policies.

Grab’s current policies and practices regarding the safety of all users of the Grab Service are available at https://www.grab.com/communitystandards/  

CUSTOMER ACKNOWLEDGES AND AGREES THAT GRAB IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS TO OFFER TRANSPORTATION SERVICES TO CUSTOMER AND IT IS UP TO CUSTOMER TO ACCEPT SUCH TRANSPORTATION SERVICES. THE SERVICE OF GRAB IS TO LINK CUSTOMER WITH SUCH THIRD PARTY TRANSPORTATION PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE TRANSPORTATION SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION PROVIDER. GRAB SHALL NOT BE RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY TRANSPORTATION PROVIDER AND/OR ANY TRANSPORTATION SERVICES PROVIDED TO CUSTOMER.

2.3 Active Account Required.

(a) Customer acknowledges and agrees that before  is authorises a Customer User (“Proposed User“) and before Customer User can access the Grab for Business’s functionalities relating to the Grab Service pursuant to this Agreement, such Proposed User must (i) download and install the Grab App on a compatible mobile device, (ii) register for and maintain during the Term an active personal user account for the Grab Service, which registration requires the entry of certain Proposed User personal data and a personal credit card number or any other payment method authorised by Grab, and (iii) confirm the mobile number provided during the registration process (“Active Account“). Grab’s collection and use of any personal data and credit card or other authorised payment method information to establish an Active Account shall be as set forth on the Grab Privacy Policy, available at https://www.grab.com/privacy/ as may be updated by Grab from time to time.

(b) Customer acknowledges that certain Proposed Users may be suspended or banned from use of the Grab Service due to future or past violations of the Passengers Terms of Service (“Violations“), and that Grab shall have no obligation or liability related to a Proposed User that is unable to obtain or maintain an Active Account for the purposes of Corporate Billing hereunder due to Violations.

2.4 User Account Linking

(a) To enable Grab for Business features for a Proposed User with an Active Account, Customer shall Grab provide Grab with (i) such Active Account holder’s full name, (ii) the Active Account holder’s company email address on the top level domain of Customer (e.g.,  name@companydomain.com), and (iii) other identifying information about the Active Account holder as reasonably requested by Grab(“Linking Data“). Grab will use the Linking Data provided by Customer for the purpose of (x) authenticating the identified Active Account holder and linking such Active Account with the Grab for Business account to establish the Active Account holder as a Customer User, and (y) verifying the Corporate Billing status of such Customer User from time to time during the Term (for more information see Annex 1 ). All Proposed Users invited to enable Corporate Billing will receive an email to the email address in the Linking Data with instructions for linking their individual Active Account with Customer’s account for Corporate Billing. Upon the linking of Corporate Billing to an Active Account, such Proposed User shall be provided the option, on a ride by ride basis, to apply User Charges to) the Customer account via the Corporate Billing option.

(b) Customer acknowledges that the verification and linking described in Section 2.4(a) will require Grab to contact each such Proposed User using the Linking Data, and by signing this Agreement Customer confirms that it has obtained all necessary consents from each Proposed User for Grab to contact such Proposed User for the purpose of implementing the Grab for Business account in the applicable Active Account. Customer shall ensure that Linking Data provided to Grab is accurate and complete, and Grab shall not be liable to Customer, a Customer User, a Proposed User or any other party with respect to inaccurate or incomplete Linking Data supplied by Customer.

(c) Customer agrees to (i) notify each Proposed User that by linking Proposed User’s personal Active Account with Customer’s account for Grab for Business that Grab will provide Customer with detailed trip information for the rides charged to Customer’s account, and (ii) to obtain any necessary consent from each Customer User for Grab to share detailed trip information with Customer.

(d) A Customer User’s personal account may be unlinked from Customer’s account and the Customer Billing option at any time by (i) Customer unlinking such Customer User through the Dashboard, or (ii) the Customer User deleting the Customer Billing option from the Active Account.

2.5 Responsibility for User Activity.

Customer agrees that (a) Customer is responsible for all User Charges incurred by Customer Users on a then-current authorised Customer User list regardless of whether such User Charge was authorised between Customer User and Customer and (b) User Charges may be subject to price changes at any time, including, without limitation, occasional increases during surge periods and other penalties as further described in the Passengers Terms of Use. Further, Customer agrees that Grab shall not be responsible for User Charges incurred by a Customer User after Customer has attempted removal of such Customer User from the Customer Billing option to the extent Customer provides incomplete or inaccurate Customer User removal information via the Dashboard. Finally, as between Customer and Grab, Customer shall be responsible for the User Charges incurred due to fraudulent or other prohibited activity on the part of Customer User’s use of Corporate Billing for the Grab Service. Customer shall notify Grab promptly upon discovery of fraudulent or prohibited activity occurring under Customer’s account.

2.6 Restrictions.

Customer agrees to, and to cause all Customer Users to, use the Grab Service and Grab App solely as set forth in this Agreement and the Passengers Terms of Service; provided, however, that in the event of a conflict between this Agreement and the Passengers Terms of Service with respect to Customer or any authorised Customer User employing Corporate Billing with the Grab Service, the terms of this Agreement shall control. Grab reserves the right to suspend participation in Corporate Billing to Customer and/or any Customer Users for violations of this Agreement or the Passengers Terms of Service. In the event that a Customer User’s Active Account is suspended or terminated pursuant to the Passengers Terms of Service, such Customer User’s access to Corporate Billing shall also be suspended. Customer shall not, and shall not authorise others to, (a) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Grab Service or Grab App, except to the extent allowed by applicable law, (b) sublicense, lease, rent, sell, give, or otherwise transfer or provide the Grab Service or Grab App to any unaffiliated third party, (c) upcharge, increase or otherwise modify the User Charges as calculated through the Grab App for any usage of the Grab Service or (d) impose any additional fees or charges on a Customer User related to use of the Grab Service. Grab reserves all rights not expressly granted to Customer or Customer Users under this Agreement.

  1. ACCOUNT ADMINISTRATION

3.1 Grab for Business Portal.

Grab for Business Portal. Customer shall be provided with access to Grab for Business online portal (“Portal“). Grab’s primary contact with Customer shall be by way of Customer’s administrator set forth on the account creation form associated with this Agreement (“Company Admin“). Grab will inform the Company Admin of the portal’s login credentials. The portal will enable Customer to (a) view a current list of all its Proposed Users who have been invited to, and Customer Users who have linked to (b) provide additional Linking Data to invite additional Proposed Users, (c) revoke any Customer User’s access to Company Payment methods (d) view detailed trip information, which may include, without limitation, Customer User name together with employee ID, request time and date, booking ID code, city, pick-up and drop-off address, pick-up and drop-off time and date, distance, vehicle type, driver name, group name, trip description, payment method, currency, promo value, fare, tolls & others (“Portal Data“) and prepare and review activity reports using Portal Data, (e) disable all current Customer Users of Corporate Payment Methods, (f) manage and update the  on file, (g) view current, appoint new, and remove Company Admins (for more information see Annex 2 ). Customer agrees to use Portal Data solely for legitimate business purposes including, but not limited to, business expense processing, accounting, and budgeting purposes. Grab reserves the right to add, remove and update features and functionality of the Grab for Business Portal at any time without any notice to Customer.

3.2 Administration.

Customer may appoint additional Company Admins at its discretion, and Grab will provide the necessary Dashboard login credentials to Customer. Customer agrees to (a) maintain all Portal’s login credentials in confidence, (b) only permit the lead Company Admins and Customer’s other authorised company admins to access the Portal, and (c) update all information of the lead Company Admin and other authorised admins to ensure that it is current, accurate, and complete. Customer shall limit access to Portal Data to only those Customer personnel who have a legitimate business need to access such Portal Data. Customer shall be responsible for all activities that occur under its Dashboard login credentials including keeping and maintaining an accurate list of current authorised Customer Users entitled to access Company Payment Methods via the Dashboard. Grab may review the current list of Customer Users from time to time via the Portal to maintain and support the Grab App and Grab Service and ensure compliance with this Agreement.

  1. PRIVACY AND DATA SECURITY

4.1 Roles of Parties

Grab is the data controller of the Personal Data (which includes Portal Data) and the processor of Linking Data. The processing of Linking Data is further detailed in Annex 1. Customer is the data controller of the Linking Data and (joint-)controller of the Portal Data. The processing of Portal Data is further detailed in Annex 2. Grab determines the purposes and means of processing for the Personal Data and Customer determines the purposes and means of processing the Linking Data and Portal Data. Each Party will individually inform data subjects and allow data subjects to exercise their rights under the Personal Data Protection Act 2012 (PDPA)and will comply with the obligations applicable to it under the PDPA with respect to the processing of Personal Data, Dashboard Data and Linking Data.

4.2 Data Restrictions.

Customer agrees that any Personal Data obtained in connection with this Agreement shall be used solely in connection with the use of the Grab Services, and for no other purpose, unless expressly authorised in writing by Grab. Customer shall not use Personal Data in any way that harms Grab or that benefits a competitor of Grab. Customer agrees that it shall not disclose Personal Data to any third parties, except as necessary to use the Grab Service. Customer shall not rent or sell Personal Data for any purpose.

4.3 Security.

Customer agrees to implement appropriate legal, technical and organisational measures to protect Personal Data against unauthorised or unlawful processing and against unauthorised loss, destruction, damage, alteration, or disclosure, as well as any breach or attempted breach of Customer security measures (“Information Security Incident”). Customer shall promptly notify Grab in the event that Customer learns or has reason to believe that an Information Security Incident has occurred including at least: (1) the nature of the breach of security measures; (2) the types of potentially compromised Personal Data; (3) the duration and expected consequences of the Information Security Incident; and (4) any mitigation or remediation measures taken or planned in response to the Information Security Incident. Upon any such discovery, Customer will (a) take all reasonable steps to investigate, remediate, and mitigate the effects of the Information Security Incident, and (b) provide Grab with assurances reasonably satisfactory to Grab that such Information Security Incident will not recur. Additionally, if and to the extent any Information Security Breach occurs as a result of an act or omission of Customer, and if Grab determines that notices (whether in Grab’s or Customer’s name) or other remedial measures are warranted, Customer will, at Grab’s request and at Customer’s cost and expense, undertake the aforementioned remedial actions.

  1. FEES AND PAYMENTS

5.1 Fees.

In consideration of the provision of the Grab Services by Grab and Corporate Billing as set forth herein, Customer shall pay to Grab all User Charges and any applicable Services Fees Grab may charge for certain functionality and features (collectively, the “Fees”) on the terms set forth below.

5.2 Payment Terms.

Subject to terms and conditions determined by Grab in its sole discretion, Customer will receive monthly reports (each, a “Monthly Report“) for Fees incurred by Customer Users utilising Corporate Billing during the preceding month (“Monthly Billing“). If Customer qualifies for, and elects to participate in, Monthly Billing through the Portal, Fees shall be billed to Customer monthly as set forth in the Monthly Report, and each such Monthly Report shall be payable in full by Customer within thirty (30) days of receipt of such Monthly Report.

If Customer has not enabled Corporate Billing or added a Corporate Credit Card and opted for a Reimbursement method of payment Grab shall charge the Customer User for Fees at the end of each Customer User’s trip on a per trip charge basis via the payment methods selected by the Customer User.

Unless otherwise indicated on a Customer User receipt, all payments made pursuant to this Agreement are exclusive of applicable taxes, and Customer agrees to be responsible for the payment of any such taxes assessed on Fees, including, but not limited to, all sales, use, GST or similar taxes, except for taxes based on Grab’s corporate income. Customer agrees to provide information that Grab may reasonably request in order for Grab to be able to comply with its tax reporting obligations including, but not limited to, the Customer registered company name, billing address, tax number (where applicable) and any other evidence that Grab may require that the Customer is a business conducting an economic activity. If the Customer is participating in Monthly Billing, the Monthly Report will provide Fees in the currency applicable to the Customer User’s place of incorporation only. If Customer is not participating in Monthly Billing, all payments shall be processed in the local currency applicable to the geography of the Customer User’s applicable ride. All payments are nonrefundable except as may be expressly provided otherwise herein.

For the purpose of clarity, all payments shall be made by Customer to the Grab entity that is stated in the sign up page.

5.3 Nonpayment.

Grab reserves the right to immediately suspend Customer’s account and suspend any or all Customer Billing by all Customer Users in the event of any unpaid Fees by Customer due to past due Monthly Statements (as applicable), an invalid credit on the Customer account, or a rejected transaction. Grab further reserves the right to pursue any and all remedies available to it under applicable law, including reporting Customer to applicable credit reporting agencies, in the event of any unpaid Fees hereunder. Re-establishing a Customer account after full payment of late Fees shall be at Grab’s sole discretion. All late payments shall bear interest at 2% per month or the maximum allowed by applicable law.

  1. TERM AND TERMINATION

6.1 Term.

This Agreement shall commence on the Effective Date of Corporate Portal Account creation and shall remain in effect until terminated as set forth herein (the “Term“).

6.2 Termination.

Either party may terminate this Agreement with or without cause upon 30 days’ advance written notice to the other party. All outstanding payment obligations and Sections 4- and 10 of these Terms shall survive the termination of this Agreement.

  1. WARRANTY AND DISCLAIMER OF LIABILITY

7.1 Mutual Warranties.

Each party represents and warrants that: (a) such party has the full right, power and authority to enter into this Agreement; and (b) such party’s acceptance of this Agreement, as well as such party’s performance of the obligations set forth in this Agreement, does not and will not violate any other agreement to which such party is a party.

7.2 Customer Warranties.

Customer represents and warrants that: (a) Customer has all rights and permissions necessary to provide Grab with the Linking Data and any other information provided to Grab hereunder in connection with the Grab Service and Corporate Billing; (b) Customer has obtained legally-adequate consent from Proposed Users and Customer Users as necessary to provide Grab with any personal data in connection with the Grab Service and Corporate Payment Methods including Corporate Billing, (c) Customer has notified, and obtained legally adequate consent from, Proposed Users and Customer Users that Grab will provide Customer with detailed trip information for the rides charged to Customer’s account, and (d) Customer is in compliance, and shall remain in compliance during the Term of the Agreement, with all applicable local, city, state, federal, national, and international laws, rules and regulations relating to data protection, privacy, identity theft, data breach, consumer protection, and data security, and any applicable industry standards relating to privacy and data security.

7.3 Disclaimer of Warranties.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, GRAB PROVIDES THE GRAB SERVICE AND GRAB APP “AS IS“AND WITHOUT WARRANTY. GRAB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GRAB SERVICE AND GRAB APP WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF THE GRAB SERVICE OR GRAB APP WILL BE UNINTERRUPTED OR ERROR FREE. GRAB HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) ANY IMPLIED OR STATUTORY WARRANTIES COVERING THE GRABSERVICE OR THE GRAB APP, AND (B) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

  1. LIMITATIONS OF LIABILITY

OTHER THAN WITH RESPECT TO A BREACH OF CONFIDENTIALITY, (A) IN NO EVENT SHALL GRABOR CUSTOMER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF BUSINESS OR PROFITS, SUFFERED BY THE OTHER PARTY OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF GRAB OR CUSTOMER (OR THEIR AGENTS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES IN AN AMOUNT EXCEEDING THE GREATER OF (X) TEN THOUSAND DOLLARS (SGD10,000) (OR LOCAL CURRENCY EQUIVALENT THEREOF), AND (Y) THE TOTAL FEES PAYABLE BY COMPANY TO GRAB HERE UNDER.

  1. PROPRIETARY RIGHTS.

9.1 No Publicity.

Neither party may use or reference the other party’s name, logo, trademarks or service marks in a press release or otherwise without the prior consent of such other party in each instance.

9.2 Ownership.

Grab and its affiliates are and shall remain the owners of all right, title and interest in and to the Grab Service, Grab App, and Dashboard Data including any updates, enhancements and new versions thereof, and all related documentation and materials provided or available to Customer or any Proposed User or Customer User in connection with this Agreement.

  1. GENERAL CONDITIONS

10.1 Governing Law.

This Agreement shall in all respects be interpreted, construed in accordance with, and governed by the laws of Malaysia, without regard to its principles regarding conflict of laws. In the event of any litigation between the parties related to this Agreement, the parties agree to submit to personal and exclusive jurisdiction for such action to the Asian International Arbitration Centre in Malaysia.

10.2 Notices.

Any notice required or permitted to be delivered to Customer by this Agreement shall be posted to the Customer via email or through the Grab App notification. Any notice required or permitted to be delivered to Grab by this Agreement shall be submitted via https://support.grab.com.

10.3 Force Majeure.

Nonperformance of either party under this Agreement shall be excused to the extent and during the period that performance is rendered impossible by strike, fire, flood, earthquakes, governmental acts or orders or restrictions, failure of suppliers, or contractors, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.

10.4 Severability.

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

10.5 Assignment.

This Agreement is not transferable and may not be assigned by Customer, in whole or in part, without the prior written consent of Grab. Notwithstanding anything contained in this clause 10.5, either party may assign this Agreement without such consent, but with notice to the other, in connection with a merger or a sale of all of the equity or assets of said party. Subject to the foregoing, this Agreement shall be binding upon all successors and assigns of a party.

10.6 Legal Fees.

In any litigation between the parties, the prevailing party shall be entitled to reasonable attorney fees and all costs of proceedings incurred in enforcing this Agreement.

10.7 Headings.

Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.

10.8 Independent Contractor.

Grab and Customer are and shall remain independent contractors. Neither party is the representative or agent of the other and neither party shall have any power to assume any obligations on behalf of the other. Customer hereby represents that the individual clicking to accept this Agreement is authorised by Customer to bind, and does hereby bind, Customer to the terms hereof.

Annex 1 – Data Processing Agreement Linking Data

  1. PROCESSING OF LINKING DATA

1.1. Roles of Parties. For purposes of this Agreement, Grab is processor of Linking Data, and Customer is controller. 1.2. Compliance with Laws. Each Party shall, and is responsible for, its compliance with applicable Data Protection Laws in connection with the processing of Linking Data. 1.3. Limitation on Processing. Grab shall not process any Linking Data in connection with the performance of its responsibilities under this Agreement, except (1) such Linking Data as is necessary to perform such responsibilities, and solely for the purpose of performing such responsibilities (including to the extent required to satisfy legal requirements relating thereto); or (2) as otherwise instructed in writing by Customer.

  1. RIGHTS AND OBLIGATIONS OF GRAB

2.1. Audits. Upon Customer’s written request, Grab shall provide Customer, at Grab’s expense, with the results of the most recent data security compliance reports or any audit performed by or on behalf of Grab that assesses the effectiveness of Grab’s information security program, system(s), 2.2. Regulatory investigation. Grab also will assist Customer (at Customer’s expense) in the event of an investigation or audit by a supervisory authority to the extent that such investigation or audit relates to Grab’s processing of Linking Data. 2.3. Notice. Customer may issue additional instructions or amend the instructions as provided in this Agreement, when necessary, as a result of changes in or amendments to the PDPA, as may take place from time to time. 2.4. Data Subject Rights. Grab shall forward any data subject request from a data subject relating to Linking Data, to Customer. Grab shall provide all reasonable cooperation necessary to fulfill a data subject request from a data subject.

  1. RIGHTS AND OBLIGATIONS OF GRAB

3.1. Grab Personnel. Grab shall limit access to Linking Data by its employees or agents (Personnel) to those Personnel who require access to Linking Data to perform their roles and responsibilities in connection with Grab’s processing of Linking Data. 3.2. Providing information. 3.3. Security and Confidentiality Measures. Each party shall take and maintain appropriate technical, physical and organisational measures to secure and maintain the confidentiality of Linking Data, and to protect Linking Data against Information Security Incidents. 3.4. Changes to Security Measures. Each party may change or supplement the measures described in the prior Section during the term of this Agreement, provided that such changes do not materially lessen the security of such measures and that such measures remain in compliance with the PDPA. 3.5. Cooperation. Grab will provide reasonable cooperation and assistance to Customer as Customer may reasonably require Customer to comply with its obligations under the PDPA, including in relation to data security, data breach notification, data protection impact assessments, prior consultation with supervisory authorities, the fulfilment of data subjects’ rights, and any enquiry, notice or investigation by a supervisory authority.

  1. DATA SECURITY INCIDENTS

4.1. Notice. Grab shall notify Customer as soon as is practicable upon discovering that an information security incident has occurred or is reasonably likely to occur. 4.2. Notice requirements. The notice required under Section 4.1 shall include:

(i)a description of the security breach, including the date and time the security breach was discovered; (ii)an overview of the affected Linking Data; (iii)the number of affected data subjects; (iv) expected consequences of the information security incident; and (v)a description of the measures taken by Grab to limit such consequences.

4.3. Information Security Incident Response. Grab shall provide reasonable assistance to Customer to comply with its obligations under the PDPA.

  1. SUB-PROCESSORS

5.1. Obligations. Grab only sub-process Linking Data to sub-processor that have entered into an agreement that imposes obligations on the sub-processor that are no less restrictive than those imposed on Grab under this Agreement. 6.2. Compliance with Data Protection Law. Grab is responsible for ensuring the compliance of sub-processors with the PDPA in connection with the processing of Linking Data.

  1. SURVIVAL

6.1. Termination and Survival. This Agreement and all provisions herein shall survive so long as, and to the extent that, Grab processes or retains Linking Data

  1. RETENTION

Prohibited Processing. Grab shall retain Linking Data for only so long as necessary to perform its obligations under the Agreement, unless otherwise required under applicable laws. Upon termination or expiration of the Agreement or earlier as requested by Customer, Grab shall deliver to Customer or destroy all Linking Data, except for such information as must be retained under applicable law.

Annex 2 – Data Sharing Agreement For Portal Data

  1. ROLES AND RESPONSIBILITIES

1.1. Roles of Parties. Each Party: 1.1.1. is an independent controller of Portal Data under the Data Protection Law; 1.1.2. will individually determine the purposes and means of its processing of Portal Data; 1.1.3. will individually inform data subjects and allow data subjects to exercise their rights under the GDPR (if applicable); 1.1.4. will inform the other Party of an information security incident; and 1.1.5. will comply with the obligations applicable to it under the Data Protection Law with respect to the processing of Dashboard Data. 1.2. Restrictions. Section 1.1 will not affect any restrictions on either Party’s rights to use or otherwise process Portal Data under the Agreement.

  1. SCOPE

2.1. Applicable Law. This Annex 2 only applies to the extent that the Data Protection Law applies to the processing of Portal Data. 2.2. Scope. This Annex will only apply to the processing of Portal Data. 2.3. Data Processing Agreement. This Agreement will not affect any separate terms between Grab and Customer reflecting a controller-processor relationship. 2.4. Communications. Customer will send any communications or notices required under this Agreement in writing, which includes by e-mail, to privacy@grab.com and the designated contact person under the Agreement.

  1. LIABILITY

3.1. The liability of the Parties under or in connection with this Agreement will be subject to the exclusions and limitations of liability in the Agreement.

  1. PRIORITY

4.1. Conflict. If there is any conflict or inconsistency between this Annex 2 and the Agreement then, subject to Sections 4.2 (Data Restrictions) and 2.4, the terms of this Agreement will govern.