Last modified: 23 March 2020
Section A – General Terms
1.4. GRAB IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. GRAB’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. GRAB IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF GRAB AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY GRAB.
2.1. “Application” means the relevant mobile application(s) made available for download by Grab (or its licensors) to Users and Third Party Providers respectively;
2.2. “Grab” means:
2.2.1. MyTaxi.PH, Inc in relation to GrabTaxi, GrabCar, GrabRent and Bus Marketplace;
2.2.2. GrabExpress, Inc in relation to GrabExpress, GrabFood;
2.2.3. GrabBike, Inc in relation to GrabWheels;
2.2.4. in relation to Grab for Business, the entity stated at the Grab for Business account sign-up page in relation to; and/or
2.2.5. the relevant subsidiary, affiliate, associated company of or entity jointly controlled by Grab Taxi Holdings Pte Ltd.
2.3. “Grab Policies” means the following:
2.3.2. the Grab Driver / Delivery Partner Code of Conduct or the Grab Customer Code of Conduct,as may be applicable; and
2.3.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
2.5. “Platform” means the relevant Grab technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;
2.7. “Service” means the linking of Users to Third Party Providers, or Other Users through the Application, Platform and/or Software;
2.8. “Software” means any software associated with the Application which is supplied made available for download and installation by Grab;
2.9. “Solutions” means the following transportation and/or logistics services which are made available to Users through the Service (each a “Solution”):
2.9.4. Bus Marketplace
2.9.8. Grab for Business;
2.9.9. Any such other services which Grab may make available from time to time;
2.10. “Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including drivers, delivery partners and third party merchants such as GrabFood Merchants;
2.11. “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions; and
2.12. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.
3. Representations, Warranties and Undertakings
3.1. By using the Service, you represent, warrant / undertake that:
3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
3.1.2. All the information which you provide shall be true and accurate;
3.1.3. You will only use the Application, Platform and Service for their intended and lawful purposes;
3.1.4. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.6. You will not try to interrupt or harm the Service, Application and/or the Software in any way;
3.1.7. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation, modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
3.1.8. You shall not impair or circumvent the proper operation of the network which the Service operates on;
3.1.9. You will not 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;
3.1.10. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
3.1.11. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
3.1.12. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Grab or any third party;
3.1.13. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
3.1.14. You will not copy, or distribute the Software or other content without written permission from Grab;
3.1.15. You will 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 the Agreement. You agree that Grab may rely on your information as accurate, current, and complete. You acknowledge that if your information is untrue, inaccurate, not current, or incomplete in any respect, Grab has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.16. You will only use an access point or data account which you are authorized to use;
3.1.17. You agree that the Service is provided on a reasonable effort basis;
3.1.19. You agree to assist Grab with any internal or external investigations as may be required by Grab in complying with any prevailing laws or regulations in place; and
3.1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Grab or any other party as a result of your breach of this Agreement.
3.1.21. You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Grab or to disrupt the natural functions of the Application; and
3.1.22. You provide us the phone numbers of Grab users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance your use of the Service.
3.2. If you are a Third Party Provider, you further represent, warrant / undertake that:
3.2.1. If applicable, you possess a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation or delivery services for hire to third parties in the jurisdiction in which you use the Service;
3.2.2. If applicable, you own, or have the legal right and authority to operate, the vehicle or motorcycle, (“Vehicle”)which you intend to use when accepting Users, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;
3.2.3. If applicable, you will use the appropriate road safety equipment (e.g. helmet);
3.2.4. If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Vehicle and/or business insurance to cover any anticipated losses related to the operation of your delivery services;
3.2.5. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage, loss and damage to goods being conveyed or delivered or delays in the rendition of delivery services, if applicable or unless otherwise provided, which is due to or is alleged to be a result of the transportation/delivery service provided by you;
3.2.6. You shall obey all local laws related to the operation of a taxi/passenger delivery service and will be solely responsible for any violations of such local laws;
3.2.7. You shall not contact Users for purposes other than in connection with the Service;
3.2.8. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of Grab, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;
3.2.9. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
3.2.10. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
3.2.11. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of Grab’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Grab reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and
3.3. If you are a User, you further represent, warrant / undertake that:
3.3.2. Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old, in which case you shall assume primary responsibility over him/her;
3.3.3. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
3.3.4. Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the Service. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the third party transportation provider is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy;
3.3.5. You shall not contact the Third Party Provider for purposes other than the Service;
3.3.6. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider or the Vehicle;
3.3.7. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;
3.3.8. Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;
3.3.9. You acknowledge and agree that only one (1) account can be registered on one device;
3.3.10. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and
3.3.11. You agree that Grab may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and/or Software. While we continuously develop the Application, Platform and/or Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and/or Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and/or Software with specific mobile devices or other hardware.
5. License Grant and Restrictions
5.1. Grab and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Grab and its licensors.
5.2. You shall not:
5.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
5.2.2. modify or make derivative works based on the Application and/or the Software;
5.2.3. “mirror” the Application / Software on any other server or wireless or internet-based device;
5.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;
5.2.5. use any manual or 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, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
5.2.6. 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;
5.2.7. remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or
5.2.8. use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) 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; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
6.1 Payment Terms for Third Party Providers (Drivers/Delivery Partners)
6.1.1 Any fees which you pay Grab for the Service are due immediately and are non-refundable (“Service Fee“). Subject to any limit stipulated by the applicable law, the Service Fee shall be a percentage of the User Charges, as determined by Grab from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever;
6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT GRAB MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF USER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION;
6.1.3 Grab may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. Grab may change the Service Fee at any time at its sole discretion.
6.1.6 You may add funds (“Credits”) to your Driver’s Credit Balance to fulfill the Minimum Balance requirement. The maximum balance you may hold in the Driver’s Cash Balance at any time is PHP100,000.00. Balance may be added in any manner prescribed by Grab from time to time (such as cash reload and credit/debit card payments or transfer from your Driver Cash Balance).
6.1.7 Funds in the Driver’s Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds 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 Credits. Grab may receive interest on amounts that Grab holds on your behalf. You agree to assign your rights to Grab for any interest derived from your Credits.
6.2 Payment Terms for Users:
6.2.1 Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.
6.2.3 If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the User Charges after the Solution has been provided and given to the Third Party Provider unless you choose to change the amount or remove the tip.
7.1 For Third Party Providers:
7.1.1 The Users rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of Grab;
7.1.2 While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Grab reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.
7.2 For Users:
7.2.1 You may cancel your request for transportation services at any time before you commence your ride with the Third Party Provider that has been matched with you by the Service;
7.2.2 If 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 Grab may notify from time to time via the Cancellation Policy;
7.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact Grab via Help Centre for assistance. Grab reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or the GrabPay Credits or such other method as is deemed reasonable by Grab.
8. GrabRewards Loyalty Programme for Users
8.1 If you are a User using the Application, you will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by Grab and/or its affiliate companies. As a member of the GrabRewards Loyalty Programme, you will gain access to the benefits such as e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits as may be offered by the Grab and/or third party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”).
8.4 Grab may, at its sole and absolute discretion, award you points (“Points”) which can be used to redeem for Rewards upon the Solutions booked via the Application in Philippines;
8.5 Grab may at its sole and absolute discretion, issue you 1 Point for every PHP10 that you actually spend on qualifying Solutions in Philippines (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying Solutions are hereby expressly excluded). For instance, if your GrabCar ride costs PHP50 and you received a PHP20 discount, Grab, may issue you 3 Points on the PHP30;
8.6 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 to the nearest whole number if the decimal is equal or less than 0.5 Points. For instance, if you spent PHP55 on a GrabCar ride, Grab issue you 6 Points but if you spent PHP53 on a GrabCar ride, Grab may issue you 5 Points;
8.7 For actual spending that results in decimals less than 1 Point, Grab may issue you 1 Point. For instance, if your GrabCar ride costs PHP65 and you received a PHP60 discount, Grab, may at its sole and absolute discretion, issue you 1 Point on the PHP5 that you actually paid;
8.8 Grab may 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 Grab any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.
8.9 Points earned will continue to accumulate provided that you make at least one qualified Grab transaction within three (3) months of the last transaction. Failure to make a qualified Grab transaction within the period will lead to the expiration of the accumulated points.
8.10 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
8.11 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 Grab or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem;
8.12 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 Grab for any expired e-vouchers;
8.13 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;
8.14 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;
8.15 Grab 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.;
8.16 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;
8.17 The GrabRewards Loyalty Programme offers four (4) membership tiers as follows:
8.17.1 an entry membership tier known as “Member”;
8.17.2 a basic membership tier known as “Silver”;
8.17.3 a mid-tier membership tier known as “Gold”; and
8.17.4 premier membership tier known as “Platinum”;
8.18 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|
8.19 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;
8.20 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;
8.21 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;
8.22 The benefits and privileges of each membership tier shall be as set out from time to time in the Application;
Cessation of Membership
8.23 If you do not wish to be a member of the GrabRewards Loyalty Programme, you may do so by opting out though the Application;
8.24 You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone;
8.25 Upon your cessation to be a member of the GrabRewards Loyalty Programme, all the 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;
8.26 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;
8.27 To the extent as permitted by applicable laws, Grab reserves the right at any time to:
8.27.1 vary, modify or amend the terms and conditions of the GrabRewards Loyalty Programme (including adding or deleting any terms);
8.27.2 terminate or modify the GrabRewards Loyalty Programme;
8.27.3 revoke, adjust and/or recalculate any Points awarded;
8.27.4 change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
8.27.5 change the number of Points that can be earned on spendings on qualifying transportation services;
8.27.6 modify the qualifications and eligibility for earning Points;
8.27.7 modify the activities that earn Points;
8.27.8 modify the methods used to calculate the number of Points to be awarded;
8.27.9 withhold or cease the awarding of Points to you;
8.27.10 modify the qualifying Points or other criteria for membership tier upgrades and renewals; and
8.27.11 change or withdraw any benefits related to a particular membership tier;
without prior notice to you and at its sole discretion.
8.28 Grab 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; and
8.29 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.
9.1. Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided;
9.2. Every rating will be automatically logged onto Grab’s system and Grab may analyse all ratings received. Grab may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
10.1. Any complaints between Third Party Providers and Users must be taken up with each other directly. For the avoidance of doubt, such complaints include, but are not limited to, complaints involving: (a) defects, safety, and/or imperfections of products or goods ordered or purchased by Users; (b) deceptive, inaccurate, or insufficient labeling, packaging, or information regarding the products or services sold or offered for sale by Third Party Providers, as applicable; (c) loss or damage to goods incurred during conveyance or transport, as applicable or unless otherwise provided; (d) delays in delivery, as applicable or unless otherwise provided; or (e) other liability under applicable consumer protection, commercial, and criminal laws and/or administrative rules and regulations.
11. Repair and Cleaning Fees for Users
12. Intellectual Property Ownership
13.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Grab to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
13.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
14.1. You shall maintain in confidence all information and data relating to Grab, 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 Grab (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 Grab, or any of its affiliate 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 Grab’s prior written consent, disclose such information to any third party nor use it for any other purpose.
14.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
14.2.1. was at the time of receipt already in your possession;
14.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;
14.2.3. was received from a third party having the right to disclose it; or
14.2.4. is required to be disclosed by law.
15. Data Privacy and Protection Data Protection Policy
15.3 You acknowledge that Grab may disclose personal data of other individuals to you in the course of your use of Grab’s Services. You represent and warrant that you will only use such personal data for the purpose for which it was disclosed to you by Grab, and not for any other unauthorized purposes.
16. Third Party Interactions
16.3. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
18. Disclaimer of Warranties
Grab makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. Grab does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (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. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
18.1. Grab makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to Grab in respect of the same.
19. Internet Delays
THE SERVICE, PLATFORM, 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. GRAB IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
20. Limitation of Liability
20.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST GRAB BY YOU SHALL 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. GRAB 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:
20.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
20.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
20.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR
20.1.4. 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 GRAB AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.2. GRAB DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE GRAB FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.
20.3. GRAB WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH GRAB, GRAB CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING THIRD PARTY TRANSPORTATION 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 GRAB 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, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.
20.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION, GOODS, PRODUCTS, SERVICES, OR OTHER CONDITIONS THAT ARE THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
Grab may give notice through the Application, electronic mail to your email address in the records of Grab, or by written communication sent by registered mail or pre-paid post to your address in the record of Grab. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Grab (such notice shall be deemed given when received by Grab) by letter sent by courier or registered mail to Grab using the contact details as provided in the Application.
26. No Waiver
27. Entire Agreement
This Agreement comprises the entire agreement between you and Grab and supersedes any prior or contemporaneous negotiations or discussions.
28. Suspension and Termination
You agree that we may do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (b) to modify or change any applicable policies or terms; and (c) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.
29. No Third Party Rights
Unless expressly provided herein, this agreement does not give rights to any third parties who are not party to this Agreement.
Section B – Additional Terms
1.1 For GrabFood Users:
1.1.1 The Application allows you to place orders for food and beverage from food and beverage providers (“GrabFood Merchant”), such orders to be delivered to you by independent third-party food delivery services providers (“Delivery Service Providers”) or for such orders to be available for pick up as a takeaway by you from the GrabFood Merchants. Grab does not own, sell or resell any food and beverage items and does not control the GrabFood 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 GrabFood Merchants and/or the Delivery Service Providers.
1.1.2 All food order and delivery bookings placed on the Application (“Food Orders”) are treated as confirmed. You shall not be entitled to cancel your Food Order once you have received a confirmation. If you cancel your Food Order after it has been confirmed, you remain liable to pay the value of the food and/or delivery fee in full regardless of whether the Food Order has been prepared by the GrabFood Merchant. You shall also be liable to pay the value of the food and/or delivery fee if you failed to collect the confirmed delivery within a reasonable time upon arrival for any reason.
1.1.3 Upon your successful completion of a Food Order, the GrabFood Merchants 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 or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Grab is not involved in and will not be responsible for any separate arrangement between you and the GrabFood 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.
1.1.4 You remain liable to pay the order value in full where (i) cancellation is made by you after the GrabFood Merchant starts food/beverage preparation; or (ii) you are not present or do not show up at the designated delivery location or the designated pick up location to collect the takeaway your ordered (A) after 10 minutes from the time that the Delivery Service Provider arrives at the designated delivery location or (B) within a reasonable time after you are informed that your order for takeaway is ready for collection; or (iii) you are unreachable physically or uncontactable (A) after 10 minutes from the time that the Delivery Service Provider arrives at the designated delivery location or (B) within a reasonable time after you are informed that your order for takeaway is ready for collection.
1.1.5 Grab, the GrabFood Merchant and/or Delivery Service Provider may not process your booking Food Order in the event of any of the following:
(a) you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable,
(b) if the requested delivery location falls outside the delivery zone offered in the Application,
(c) there is a lack of information, direction or authorization from you at the time of delivery,
(d) you are not present or do not show up at the designated delivery location or the designated pick up location to collect the takeaway your ordered, or you are unreachable physically or uncontactable, (A) after 10 minutes from the time that the Delivery Service Provider arrives at the designated delivery location or (B) within a reasonable time after you are informed that your order for takeaway is ready for collection, or
(e) unavailability of items ordered.
1.1.5 The prices of food and beverage items reflected in the Application are determined solely by the GrabFood Merchant and are listed for information only.
1.1.6 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 the GrabFood Merchant, be incorrectly reflected and in such an event the GrabFood Merchant may cancel your order(s).
1.1.7 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the Food Order. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage item may be rounded and will be set out on the check out page for your Food Order. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account.
1.1.8 The GrabFood Merchant shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you unless it is proven that the Food Order was delivered in an adulterated state caused by the negligence and willful acts of the Delivery Service Provider.
1.1.9 You are responsible for ensuring that the delivery details entered by you in respect of the Food Order on the Application are accurate and complete. Grab 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; and in the event of late collection of the takeaway you ordered or non-collection of the takeaway you ordered by reason of erroneous collection details entered by you on the Application.
1.1.10 After the delivery of the food and beverage items or collection of the takeaway you ordered, 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 on your behalf.
1.1.11 Persons placing an order for alcohol from any GrabFood Merchant must be at least eighteen (18) years old. Alcoholic beverages can only be sold and delivered to persons who are at least eighteen (18) years old. By placing an order that includes alcohol, you confirm that you are at least eighteen (18) years old. The Delivery Service Provider or the GrabFood Merchant will have the right to refuse to deliver or provide any alcoholic product to any person who at the time of delivery or collection of takeaway (i) does not appear to be at least eighteen (18) years old or (ii) cannot prove that he/she is at least eighteen (18) years old or (iii) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that Grab, the Delivery Service Provider and or the GrabFood Merchant shall not be liable to make any refund to you for payment already made by you.
1.1.12 Grab has sole discretion in adopting any User Charge policy for GrabFood Service and may include, Platform Fees, Delivery Fees and Small Order Fess.
1.2 For GrabFood Merchants:
This section applies to your use of the GrabFood Merchant Application, and the terms in this Agreement are in addition to any other written agreement(s) entered into between you and Grab.
1.2.1 Creation and Monitoring of Self-funded Campaign or Promotion
You may be able to create a campaign or participate in promotion(s) suggested by us via our tool(s) which is made available on the Application or through manual creation via the account managers PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign or promotion. In the course of such creation, you may be required to indicate information such as the type of promotion/campaign and the proposed duration for the promotion/campaign. The type of promotion/campaign which you may choose from in the Form may be varied from time to time at Grab’s sole discretion.
By creating the campaign using our tool(s) on the Application, you accept the following additional general conditions:
(a) Where you are submitting any information via our Application or otherwise to us on behalf of your employer, you warrant that you are duly authorized to bind your employer to make such offer to create a campaign or participate in a promotion suggested by us.
(b) Any information you input into our Application where required or otherwise provided to us must be complete, truthful, accurate and not misleading.
(c) Your intention to conduct campaign(s) or participate in our promotion(s) via our Application must be genuine and must not be conducted in a manner which may be misleading to the end consumers or users. You shall indemnify us in the event where we incur any losses or damages pursuant to the campaign you created via our Application.
(d) Depending on the type of promotion/campaign elected by you, the way in which we may facilitate the promotion/campaign may differ. You agree that it is your responsibility to review any and all information made available by us on the Application for information on how each type of promotion/campaign be facilitated on our systems. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating any campaign or participating in any promotion using our Application. By creating a campaign using our Application, you irrevocably agree to the way in which we facilitate the campaign.
(e) You shall be responsible to directly handle any complaints or enquiries from end users/consumers in respect of the promotion/campaign.
(f) In the event where you would like to end a promotion/campaign earlier than the duration which you have specified in the Application or if any of the item under the campaign has become out of stock prior to the expiry of the said duration, you must immediately indicate the same via our Application in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the promotion/campaign and remain responsible to handle any enquiries or complaints from end users/consumers on the same.
(g) Notwithstanding any provision otherwise and in any event, the successful creation of the campaign using the Application does not indicate our approval that the campaign is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the campaign is, and will be conducted, in accordance with the applicable law.
(h) While we do not supervise or monitor the campaign created by you or the promotion you participate in, we reserve the rights to (but are not obliged to) cancel the campaign pr promotion.
(i) We may make available to you information relating to the campaign or promotion created using our Application, and such information is considered as part of the content of the Application and is subject to Clause 1.2.5 below.
(j) You must pay any and all costs and expenses in connection with the campaign or promotion in the manner as we may specify.
(k) You must notify us immediately if your Account has been used without your authorization to create a campaign or otherwise use any of the features on the Application or where any other breach of security has occurred. In such event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred under the campaign created using your Account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your Account.
(l) You agree that any discounted price payable to you by end users/consumers pursuant to the campaign you created may be rounded in accordance with our internal policies as we may update from time to time.
1.2.2 Submission of Content or Information
We do not claim ownership of any content or information that you upload on our Application or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such licence.
Via the Application, we may provide you with an option to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu). You acknowledge that any such content or information may be made available in real time to end customers via an application operated by us or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the end customers in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted by you to us (via the Application or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights.
1.2.3 Personal Data
You must obtain our prior written approval if you wish to link to or make use of any content on our Application. In this regard, you may send us a formal request by way of email for our consideration. For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Application for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Application (a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (b) in any website which prohibits such linking or will in any way prejudice or compromise our reputation or integrity. We reserve the right to withdraw linking permission without notice. The Application must also not be framed on any other site.
1.2.5 Content of the Application
1.2.6 Limitation of Liability
Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a merchant on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued to the other party or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement.
2.1 For Users:
2.1.1 You shall not send any delivery item containing any of the following:
2.1.3 You are responsible for ensuring that the delivery details (e.g. recipient’s name, contact details and delivery address) entered by you on the Application are accurate and complete. Grab shall not be liable in the event of late delivery or non-delivery of delivery items by reason of erroneous delivery details entered by you on the Application.
2.1.4 You represent and warrant that you are duly authorised by the recipient of the delivery item to provide the recipient’s details (e.g. name, contact details and delivery address) to Grab and the Third Party Provider (whether by way of your entering such details on the Application or otherwise).
2.1.5 You represent and warrant that the description and specific details of the delivery item which you provide are accurate and complete. Before delivery commences, you must inform the Third Party Provider of any specific precautions which should be applied to the handling of the delivery item in accordance with its nature.
2.1.6 You represent and warrant that you comply with all applicable laws and regulations relating to the nature, condition, packaging, handling, storage, and transportation of the delivery item and the delivery item is not or does not, in any way or condition: (a) non-compliant with or prohibited by any applicable laws or regulations; (b) dangerous; (c) easily experience degradation of quality; (d) flammable; (e) contain explosives; (f) corrosive; (g) contain radioactive substances; (h) prohibited based on the provisions stipulated in the ASEAN Framework Agreement On The Facilitation Of Goods In Transit (including Protocol 9); and/or (i) regulated by other relevant authorities.
2.1.7 Grab and/or the Third Party Provider has the right to open and inspect the delivery item without prior notice to you based on any reasonable suspicion that the delivery item may contain or constitute non-compliant or prohibited items as referred to in the abovementioned provisions herein and Grab and/or Third Party Provider has the right to refuse the receipt and delivery of such delivery item.
2.1.8 You represent and warrant that the delivery item has been packed by yourself personally, is properly and sufficiently prepared, packed, stowed, labelled and marked in a manner that is appropriate to any operations or transactions affecting the delivery item and the characteristics of the delivery item.
2.1.9 After the delivery item is delivered, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention relating to the delivery item whether or not caused directly or indirectly by you or any recipient of the delivery item (or any person acting as servant, representative or independent contractor for or on behalf of you or the recipient).
2.1.10 You acknowledge that in the ordinary course of delivering your item, the Third Party Provider may disclose your details to the recipient upon request. To the extent that you do not wish for this to take place, you may inform the Third Party Provider via the Application at the point of making your booking. You acknowledge and understand that you remain liable to pay the delivery booking fee in full in the event that the recipient refuses to take receipt of your item as a result of your decision to remain anonymous.
2.1.10 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 booking fee in full. You remain liable to pay the delivery booking fee in full where the recipient whom you indicated in the Application is unreachable physically or uncontactable after 5 minutes from the time that the Third Party Provider arrives at the designated delivery location. Grab and the Third Party Provider will have the right to not proceed with your booking in the following circumstances:
(a) where the requested delivery location falls outside the delivery zone offered on the Application;
(b) failure to contact you by phone or other means at the time of confirming the order booking;
(c) failure to deliver your order due to lack of information, direction or authorisation from you at the time of delivery; or
(d) the recipient whom you indicated in the Application is unreachable physically or uncontactable, after 5 minutes from the time that the Third Party Provider arrives at the designated delivery location.
2.1.11 Third Party Providers have the right to refuse delivery if the delivery item falls within the categories listed at paragraph 2.1 above.
2.2 Ninja on Grab
By using Ninja on Grab delivery service on the Application, you acknowledge and agree that:
2.2.1 Ninja Van is an independent third party service provider and their terms and conditions shall apply to the Ninja on Grab delivery service;
2.2.2 Ninja Van is solely responsible for the delivery of all items sent using the Ninja on Grab delivery service. Grab is not responsible or liable for the acts and omissions of Ninja Van. All disputes or queries regarding the delivery of your items should be taken up with Ninja Van directly;
2.2.3 all information which you provide in the Application, including your Personal Data, will be provided by Grab to Ninja Van for the purpose of allowing Ninja Van to perform the Ninja on Grab delivery service; and
2.2.4 You will not earn any Grab Rewards Points for your use of the Ninja on Grab delivery service.
3. GrabWheels for Users
3.1 For GrabWheels Users
As the rider, you are in sole and full control of the personal mobility devices (including but not limited to scooters) (each a “Personal Mobility Device” or “PMD”). Consequently, you represent to Grab and undertake that you have the physical and mental ability, skill and experience to handle the Personal Mobility Device in a safe, responsible and lawful manner and that you shall abide by the Service Rules below.
3.2 Repairs and other Costs and Fees
3.2.2 Grab may recover such costs and fees as monies owed to it via your designated payment method or demand the same from you in cash.
3.2.3 Fees (such as but not limited to subscription plan/pass fees, per-ride fees and time-based fees) for your use of the Service shall be as published and updated from time to time through the Platform.
3.2.4 We may recover loss and damage as monies owed to us by charging your credit card, debit card or GrabPay Credits associated with your user account, without your further consent.
3.3 GrabWheels Service Rules
3.3.1 Safety checks before the ride: Before using any PMD, you must verify the safe operation of the PMD and satisfy yourself that you are able to operate the PMD. The safety checks to conduct include, without limitation:
220.127.116.11 Effectiveness and functionality of the electric brakes and mechanical brakes;
18.104.22.168 Fit and flexibility of the handle bar;
22.214.171.124 Ensure that the headlights are working. Headlights must be turned on between 7 p.m. to 7 a.m. and when visibility is low;
126.96.36.199 Effectiveness and functionality of throttle (or accelerate) button;
188.8.131.52 All light reflectors are in good working condition;
184.108.40.206 Ensuring that the PMD bell is working;
220.127.116.11 Ensuring that mudguards are attached properly to avoid dirt and mud from hindering control of the PMD;
18.104.22.168 Ensuring that the PMD is free from any discernible defect that may affect the safe operation of the PMD;
22.214.171.124 Ensuring that the PMD is suitable for a person of your height, weight and build; and
126.96.36.199 Ensuring that the permissible speed limit is not exceeded.
DO NOT USE THE PMD if it does not satisfy any of the above requirements or is otherwise unsafe for operation. In such event, you must also immediately notify Grab via the Platform of (a) the registration number of the PMD in question; and (b) the safety issues associated with that PMD.
3.3.2 Conduct during the ride: It is your responsibility to ensure that you use, ride and operate the PMD safely at all times. When using, riding or operating any PMD, you are to comply with the following:
188.8.131.52 Obey all applicable laws and regulations (including those related to traffic, road safety and parking);
184.108.40.206 Do not ride on expressways and roads;
220.127.116.11 Wear all necessary safety gear (helmet, protective pads and proper shoes) to mitigate the risk of personal injury;
18.104.22.168 Do not use any mobile phone or other devices while riding any PMD;
22.214.171.124 Do not operate any PMD under the influence of alcohol, drugs, medication or other substances that may impair the safe operation of the PMD;
126.96.36.199 You must be below 100kg in weight in order to operate the PMD;
188.8.131.52 Do not carry any excessive weight (e.g. briefcases, backpacks, bags and/or other items) if doing so poses a challenge to your safe operation of the PMD;
184.108.40.206 The PMD is designed to carry only one rider. Do not allow any other person (of any age or size) to be carried on the PMD at any time;
220.127.116.11 Stop and look out for vehicles and pedestrians at crossings before resuming your journey;
18.104.22.168 Do not cause nuisance, inconvenience or distress to other users including pedestrians;
22.214.171.124 Do not use the PMD when visibility is low;
126.96.36.199 Do not use any PMD in bad weather condition;
188.8.131.52 You must only use the PMD in the Philippines and its authorized operating areas. You will not transfer, or caused to be transferred, the PMD to any location outside the Philippines; and
184.108.40.206 Exercise due care and reasonable judgment in the usage of the PMD.
3.4 Parkingof PMD
3.4.1 Areas designated for parking of PMDs are usually identified by the presence of the GrabWheels logo on floor stickers and can be located in the Application map screen. It is your responsibility to park the PMD in an orderly fashion, and only in designated parking spots so that other users can also enjoy the use of the PMD.
3.4.2 Do not park (or leave unattended or abandon) any PMD in any area, space or manner that may contravene any applicable laws and/or regulations.
3.4.3 Do not park (or leave unattended or abandon) any PMD:
220.127.116.11in any private spaces (e.g. within condominiums, private properties, etc.) and any public restricted areas;
18.104.22.168on public footways and public roads;
22.214.171.124in a manner that obstruct entrances, exits, roads, paths, carparks or parking lots of any property, national parks, nature reserves and public parks;
126.96.36.199in any common area of a housing estate which is not designated for the parking of PMDs, or in a manner that obstructs the use of the common area; or
188.8.131.52in any part of a subway or train station which is not designated for the parking of PMDs
184.108.40.206The PMD must be returned to and parked at a designated parking lot before the PMD battery runs out.
220.127.116.11When parking the PMD, ensure that the kick-stand is flipped down.
18.104.22.168If you park (or leave unattended or abandon) the PMD at a location other than a designated parking spot, you may be liable to pay a service charge/penalty. Grab reserves the right to facilitate payment for such service charge/penalty via your designated payment method or by deducting the appropriate amount from the deposit or demand from you in cash
3.5 Maximum Usage Time
3.5.1 The maximum continuous rental time allowed of any PMD is 4 hours, after which Grab reserves the right to lock and retrieve the PMD and impose a retrieval fee (in addition to PMD rental fees).
3.5.2 If Grab is unable to retrieve or locate the PMD within 24 hours after you had last unlocked it, the PMD will be deemed lost or stolen and a police report may be filed against you. You shall also be liable for the replacement cost the MPD.
3.6 Responsibility for PMD
3.6.1 Do not allow any other person to use a PMD which has been unlocked by you.
3.6.2 Use the PMD in a reasonable manner. Do not damage or restrict other users’ enjoyment of the PMD, which may include damaging or destroying the PMD, hiding the PMD from public view, or tampering with the PMD in a manner that restricts other users’ use (e.g. adding another lock to the PMD).
3.6.3 If the PMD is found to be damaged, lost or missing, you may be liable to pay certain costs and fees associated with repair, replacement, retrieval and/or cleaning of the PMD. You may be liable to pay the full replacement cost of the PMD (being PHP 40,000 or such other amount as Grab may stipulate from time to time).
3.6.4 You are responsible to pay any applicable fines, penalties or other fees which may be imposed by local authorities from time to time, arising out of your use of the PMD.
3.7 Reporting of Incidents
You are required to contact Grab and file a police report immediately in the event of theft of the PMD or an accident that occurred during your use of the PMD resulting in bodily injury.
3.8.1 A security deposit may be required as part of the registration process before using any PMD. It shall be paid by credit card, debit card and/or GrabPay Credits (as available) or where available by such other methods as are made available in the Platform at the rate shown in the Platform.
3.8.2 The security deposit may be applied towards the payment of any outstanding amounts owing from you to Grab arising from your use of the Service (including non-compliance with these Service Rules).
3.9 Suspension / Ban
Any user who is in breach of any of these Service Rules may be suspended or banned from using the Service and Platform.
4. Bus Marketplace
4.1 This section governs your use of the Application to book bus seats and our bus partners’ provision of the GrabBus Solution. The GrabBus may also be specific terms of Grab’s bus partners.
4.2 Booking and Payment
4.2.1 You may only book bus seats and make payment using a Card through the Application. You will receive an E-ticket with a 7-digit code after booking is confirmed. Except as set out in this section, payments for the booking of bus seats are non-refundable and cannot be changed unless you make the cancellation within the allowable period for cancellation as many be provided. You should confirm your route details before making payment.
4.2.2 The designated pick-up and drop-off terminals are as set out in the route details. You may only board / alight at such designated pick-up / drop-off points.
4.2.3 Please be reminded to arrive at the designated pick-up point 10 minutes before the designated pick-up time. The bus will leave exactly at the designated time and shall not wait for any passenger despite booking. The bus will only wait until the designated pick-up time if there is at least 1 passenger who has purchased a ticket from that pick-up point according to the passenger manifest.
4.2.4 Charges will still apply for passengers who are late and miss the bus or fail to turn up at the designated pick-up point.
4.3 Delayed/Cancelled Bus Service
4.3.1 In the event the bus is estimated to be late for 30 minutes or more, passengers will be notified via the App that the bus service will be delayed. Refund for payment made shall only be made in the event of cancellation. The refund shall be governed by the Refund Start Time as indicated in the Bus Partner Terms.
4.3.2 In the event the bus is or booking is cancelled. Payment made for the cancelled bus services will be refunded to you.
4.3.3 In the event of a bus breakdown during the journey, and there is no replacement bus service or alternative form of transportation arranged, passengers will need to make their own plans for alternate transport arrangements. We will assess the refunds on a case-by-case basis, and Grab reserves the right to exercise discretion in permitting or rejecting requests for refunds.
4.4 User Conduct / Restrictions
4.4.1 No children are allowed to travel with a passenger without a valid E-ticket for each child. Infants or toddlers under the height of 1.35 meters who require approved child restraints (according to the Road Traffic Act) will not be allowed on board.
4.4.2 Bus partners reserve the right to disallow or charge fees for the loading of luggage and bulky items on the bus.
5. Grab Rent
5.1This section governs a User’s use of the Application to book a car with a dedicated Third Party Provider for a duration of the User’s choice with unlimited stops in one booking.
5.2 Booking and Payment
5.2.1 Allocation is within a determined radius of a city.
5.2.2 Serviceable coverage area or pick-up is within a determined geofence specific to Grab Rent in a city.
5.2.3 Grab Rent is on-demand and cannot be booked beforehand (no advanced scheduling) and no multiple day bookings as well.
5.2.4 The Third Party Provider shall immediately communicate with User once booking has been accepted. If the User could not be contacted or has misunderstood service after five (5) minutes, the Third Party Provider is allowed to cancel the booking.
5.2.5 Start of the booking is after the five (5)-minute grace period for Users to meet with the Third Party Provider at the identified pick-up point or when User gets inside the car or whichever is earlier. If a User shows up after the five (5)-minute grace period and has confirmed with the Third Party Provider that they will continue with the booking, lost time cannot be compensated as extra time at the end of the trip.
5.2.6 When the Third Party Provider clicks “Pick up”, booking may no longer be cancelled by both ends. User shall be charged the base amount that corresponds to the number of hours of the package he booked for at the very least.
5.2.7 Displayed fare includes vehicle rental, driver, and fuel. Additional fees such as toll, parking, and entrance fees are NOT included. Additional fees to be settled by cash payment from User’s end. Toll and parking can be added after the trip.
5.2.8 Third Party Provider cannot charge anything outside the Application.
5.2.9 Overtime services shall be at the discretion of the Third Party Provider and shall be subject to agreement with the User and within serviceable hours.
5.2.10 User shall be issued a full refund if there is no option for trip to push through anymore.
5.2.11 GRAB DOES NOT GUARANTEE THAT USER WILL BE ABLE TO AVAIL OF ACTIVITIES CHOSEN BY USER IN THE STOPS OF THE TRIPS AS THESE ARE PROVIDED BY PARTIES OUTSIDE OF GRAB. GRAB/THIRD PARTY PROVIDER/OPERATOR SHALL NOT BE LIABLE FOR ANY ACCIDENTS, INJURIES, ETC. THAT MAY OCCUR IN THIRD PARTY ESTABLISHMENTS.
5.3 For User
5.3.1 A User shall wait up to sixty (60) minutes from allocation before getting picked up to account for the traffic.
5.3.2 The number of Users must not exceed maximum capacity of vehicle booked. The Third Party Provider shall be obligated to cancel should this happen.
5.3.3 Users are allowed to make multiple stops within the service area covered by the package during the trip.
5.3.4 If User requests to be dropped off before the lapse of the availed hours in the package, User remains liable to pay the full amount for the package.
5.4 For Third Party Provider
5.4.1 Third Party Provider must remind User within thirty (30) minutes to one (1) hour that the trip will be ending.
5.4.2 If the User could not be contacted during the trip, the Third Party Provider is advised to wait until end time of package before ending trip and leaving.
5.4.3 If Third Party Provider forgets to click the “Pick Up” button during the start of the trip which should trigger the start of charging, Third Party Provider is advised to honor the end time stated in the Application.
5.4.4 If Third Party Provider forgets to click the “Drop Off” button and there exits an overtime charge, the full amount the overtime charge shall be refunded to the User and deducted from the payout due to the Third Party Provider.
5.4.5 Third Party Provider must coordinate with User with regard to the locations and packages provided these are within the specified product bounds. Third Party Provider shall not make any deviations except in the event of fortuitous circumstances.
5.4.6 The Third Party Provider must drop off User within the same area of the pick up point (not exact pickup point but same origin).
5.4.7 Third Party Provider shall be required to provide reliever vehicle. If none is available, Grab shall book on Third Party Provider’s behalf.
6. Grab for Business
6.1 Provision of Services
6.1.1 Access to Services:
6.2 Active Account Required
6.3 User Account Linking
6.3.1 To enable Grab for Business features for a Proposed User with an Active Account, you shall 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 Corporate User (e.g., email@example.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 for the purpose of authenticating the identified Active Account holder and linking such Active Account with the Grab for Business account to establish the Active Account holder as an Authorised User, and verifying the Corporate Billing status of such Authorised User from time to time during the term of this Agreement. All Proposed Users invited to enable Grab for Business features will receive an email to the email address in the Linking Data with instructions for linking their individual Active Account with the Corporate User’s Account for Corporate Billing. Upon the linking of the Corporate User Account to an Active Account and where Corporate Billing applies, such Proposed User shall be provided the option, on a ride by ride basis, to apply User Charges to your Corporate User Account via the Corporate Billing option.
6.3.2 You acknowledge that the verification and linking described above will require Grab to contact each such Proposed User using the Linking Data, and by providing Linking Data, you confirm that you have 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. You shall ensure that Linking Data provided to Grab is accurate and complete, and Grab shall not be liable to you, an Authorised User, a Proposed User or any other party with respect to inaccurate or incomplete Linking Data supplied by you.
6.3.3 You agree to (i) notify each Proposed User that by linking Proposed User’s personal Active Account with your Corporate User Account for Grab for Business that Grab will provide you with detailed trip/ booking information for the rides or other bookings charged to your account, and (ii) to obtain any necessary consent from each Authorised User for Grab to share detailed trip/booking information with you.
6.3.4 An Authorised User’s personal account may be unlinked from your account and the Corporate Billing option at any time by unlinking the Authorised User through the Portal.
6.4 Responsibilityfor User Account Activity
6.6 Account Administration
6.6.1 Grab for Business Portal
You will be provided with access to the Portal. Grab’s primary contact with you shall be by way of your appointed administrator set forth on the account creation form associated with this Agreement (“Company Admin“).The Portal may enable you to (a) view a current list of all Proposed Users who have been invited, and Authorised Users who have been linked, (b) provide additional Linking Data to invite additional Proposed Users, (c) revoke any Authorised User’s access to Corporate Billing (d) view relevant trip/booking information as determined by Grab from time to time (“Portal Data“) and prepare and review activity reports using Portal Data, (e) disable all current Authorised Users from usingCorporate Billing methods, (f) manage and update the Authorised Users on file, (g) view current, appoint new, and remove Company Admins. You agree 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 you.
6.7 Fees and Payments
In consideration of the provision of the Solution and Platform provided by Grab, including Corporate Billing, Grab may charge a service or administration fee (the “Fees”) as determined by Grab from time to time. You shall pay to Grab all User Charges and the Feeson the terms set forth below.
6.7.2 Payment Terms
Subject to terms and conditions determined by Grab in its sole discretion, you will be able to access monthly reports (each, a “Monthly Report”) for User Charges incurred by Authorised Users utilising Corporate Billing during the preceding month (“Monthly Billing“). If you qualify for and elect to participate in Monthly Billing through the Portal, User Charges and Fees shall be billed to you monthly as set forth in the Monthly Report, and each such Monthly Report shall be payable in full by you within fifteen (15) days from the date of such Monthly Report.
If you have not enabled Corporate Billing and instead you have opted for a Reimbursement or corporate credit card method of payment Grab shall charge the Authorised User for Fees at the end of each Authorised User’s trip/booking on a per trip/booking charge basis via the payment methods selected by the Authorised User.
All Fees shall be exclusive of Value Added Tax (VAT). VAT includes Goods and Services Tax (GST) and/or similar sales taxes. If VAT is chargeable on any Fees, you shall pay the VAT amount to Grab when making payment of the Fees. Fees paid shall be paid free of any deduction for withholding tax (if applicable).
For the purpose of clarity, all payments shall be made by you to the Grab entity that is stated in the Grab Business account sign-up page on https://www.business.grab.com.
Grab reserves the right to immediately suspend your account and suspend any or all Corporate Billing by all Authorised Users in the event of any unpaid User Charges and/or Fees by you due to past due Monthly Reports (as applicable), an invalid credit on your Corporate User account, or a rejected transaction. Grab further reserves the right to pursue any and all remedies available to it under applicable law, including reporting you to applicable credit reporting agencies, in the event of any unpaid User Charges and/or Fees hereunder. Re-establishing your account after full payment of late User Charges and/or Fees shall be at Grab’s sole discretion. All late payments shall bear interest at 3.5% per month or the maximum allowed by applicable law.
6.9 Term and Termination
6.9.3 These terms shall apply from the date of your Corporate User Account creation and shall remain in effect until it is terminated.
6.9.4 Either you or Grab may terminate this agreement with or without cause upon 30 days’ advance written notice to the other party. All outstanding payment obligations and paragraphs 6.7 to 6.15 of this section shall survive such termination.
6.10 Warranties and Disclaimer of Liability
6.10.4 You further represent and warrant that: (a) you have all rights and permissions necessary to provide Grab with the Linking Data and any other information provided to Grab hereunder in connection with the Service and Corporate Billing; (b) you have obtained legally-adequate consent from Proposed Users and Authorised Users as necessary to provide Grab with any personal data in connection with the Service and corporate payment methods including Corporate Billing, (c) you have notified, and obtained legally adequate consent from, Proposed Users and Authorised Users that Grab will provide you with detailed trip/booking information for the rides or other bookings charged to your account, and (d) you are in compliance, and shall remain in compliance during the term of this 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.
6.10.5 OTHER THAN WITH RESPECT TO A BREACH OF CONFIDENTIALITY OR DATA PRIVACY , (A) IN NO EVENT SHALL EITHER PARTY 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 CORPORATE USER (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 (I) TEN THOUSAND SINGAPORE DOLLARS (SGD10,000) (OR LOCAL CURRENCY EQUIVALENT THEREOF), AND (II) THE TOTAL FEES PAID OR PAYABLE BY YOU TO GRAB HEREUNDER.
6.11 Proprietary Rights
6.11.3 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.
6.12 Force Majeure
Non-performance of either party of any obligations hereunder 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.
Notwithstanding anything contained in this Agreement, either party may assign this Agreement without the consent but with notice to the other party 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.
6.14 Legal Fees
In any legal proceedings between the parties, the prevailing party shall be entitled to reasonable attorney fees and all costs of proceedings incurred in enforcing this agreement.
In case of discrepancy between these terms and the terms of a signed Business Order Form (“BOF”), the terms under BOF shall prevail.
7.1 Suppletory Application of GrabFood Terms. – The terms of GrabFood on Item 1 in Additional Terms shall be suppletorily applicable to GrabMart to the extent that it is not inconsisted with any of the provisions.
7.2 The Application allows you to place orders for food, beverage, and goods from providers (“GrabMart Merchant”), such orders to be delivered to you by independent third-party food delivery services providers (“Delivery Service Providers”). Grab does not own, sell or resell any goods and does not control the GrabMart 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 GrabMart Merchants and/or the Delivery Service Providers.
7.3 Restrictions on Purchases of Goods – Grab reserves the right to (a) require valid proof of legal age from any User seeking to purchase goods or products prohibited under applicable law or administrative rules and regulations to be purchased, used, or consumed by persons who are not of legal age, such as but not limited to alcohol products, tobacco products, or electronic cigarettes and related products (“Restricted Goods“); and (b) refuse to confirm, process, or continue any transaction involving the sale or offer for sale of such Restricted Goods if the User is unable to provide valid proof of legal age, or for any reason not prohibited under applicable law or administrative rules and regulations.
7.3.1. Persons placing an order for the Restricted Goods from any GrabMart Merchant must be at least eighteen (18) years old for Alcoholic Beverages and tobacco, and twenty one (21) for electronic cigarettes (“Age Requirement”). Restricted Goods can only be sold and delivered to persons who comply with the relevant age requirement. By placing an order that includes Restricted Goods, you confirm that you are at least the age of the relevant age requirement. The Delivery Service Provider or the GrabMart Merchant will have the right to refuse to deliver or provide any Restricted Goods to any person who at the time of delivery or collection of takeaway (i) does not appear to be compliant with the Age Requirement or (ii) cannot prove that he/she is compliant with the Age Requirement or (iii) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that Grab, the Delivery Service Provider and or the GrabFood Merchant shall not be liable to make any refund to you for payment already made by you.