Last modified: 21 February 2022
TERMS OF SERVICE
Section A – General Terms
1.1. Please read these Terms of Service carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Service which are applicable to you. These Terms of Service and the Grab Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and Grab (as defined below). The Agreement applies to your use of the Service provided by Grab. If you do not agree to the Terms of Service, please do not use or continue using the Platform (as defined) or the Service.
1.2. Grab may amend the terms in the Agreement at any time without prior notice. Such amendments shall be effective once they are posted at https://www.grab.com/ph/ or the Application. It is your responsibility to review the Terms of Service regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Terms of Service applicable in the Alternate Country which can be found at https://www.grab.com/ph/ as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Service applicable in the Alternate Country.
1.4. GRAB IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR CONSUMERS TO OBTAIN OR PROCURE GOODS AND SERVICES. DEPENDING ON THE GOODS OR SERVICES IN QUESTION, THE GOODS OR SERVICES MAY BE SUPPLIED BY GRAB OR A PARTNER. WHERE THE GOODS OR SERVICES ARE PROVIDED BY A PARTNER, GRAB’S ROLE IS MERELY TO LINK THE CONSUMER WITH SUCH PARTNERS. GRAB IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY PARTNER. PARTNERS SHALL BEAR ALL LIABILITY IN RELATION TO SUCH SERVICES. PARTNERS ARE NOT, AND SHALL NOT HOLD THEMSELVES TO BE AN AGENT, EMPLOYEE OR STAFF OF GRAB AND THE SOLUTIONS PROVIDED BY PARTNERS SHALL NOT BE DEEMED TO BE PROVIDED BY GRAB.
In these Terms of Service, the following words shall have the meanings ascribed below:
2.1. “Application” means the relevant mobile application(s) made available for download by Grab (or its licensors) to Consumers and Partners respectively;
2.2. “Consumer” or “User” means any end-user who accesses or uses the Platform to search and obtain the Solutions;
2.3 “Consumer Charges” or “User Charges” means charges incurred by Consumers 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;
2.4. “Grab”/ “we” means:
2.4.1. MyTaxi.PH, Inc in relation to GrabTaxi, GrabCar, GrabRent, and GrabGifts;
2.4.2. GrabExpress, Inc in relation to GrabExpress, GrabFood, GrabMart;
2.4.3. GrabRetail PH Inc. in relation to GrabSupermarket;
2.4.4. in relation to Grab for Business, the Grab entity stated at the Grab for Business account sign-up page; and/or
2.4.5. the relevant subsidiary, affiliate, associated company of or entity jointly controlled by Grab Taxi Holdings Pte Ltd.
2.5. “Grab Policies” means the following:
2.5.2. the Grab Driver / Delivery Partner Code of Conduct or the Grab Consumers Code of Conduct, as may be applicable; and
2.5.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time;
2.6. “Partner” means the independent third parties (who are not Grab) who provide the relevant Solutions to Consumers through the Service, including (a) driver-partners, delivery-partners, (b) merchant-partners such as GrabFood, GrabMart and/or Grab Supermarket Merchants, and (c) any other relevant goods and services providers;
2.7. “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;
2.8. “Platform” means the Application, Software and any other platform, portal or website which Grab owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the Service and/or Solutions;
2.9. “Platform Content” means any content as made available on the Platform or any part thereof;
2.11. “Rectification Measure” has the meaning ascribed to it in Clause 29.2 of Section A;
2.12. “Service” means the linking of Consumers to Partners, or Other Consumers to facilitate the Solutions;
2.13. “Software” means any software associated with the Application, Service and/or other Consumers which is made available by Grab;
2.14. “Solutions” means the transportation, logistics, foods and beverage, groceries and/or other products and services which are made available to Consumers through the following offerings:
2.14.7. Grab for Business;
2.14.8. Any such other offerings which Grab may make available from time to time;
2.15. “you” refers to Partner and/or Consumer as may be applicable.
3. Representations, Warranties and Undertakings
3.1. By using the Service and/or Platform, you represent, warrant and 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. You will provide true, accurate, not misleading, 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 true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that Grab may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, 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;
3.1.3. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
3.1.4. You will only use an access point or account which you are authorized by Grab to use;
3.1.5. You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Grab;
3.1.6. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.7. 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;
3.1.8. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.9. When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;
3.1.10. You will only use the Platform and Service for their intended and lawful purposes;
3.1.11. You will not try to interrupt, impair or harm the Service and/or Platform in any way, and shall refrain from: (a) sending spam or otherwise duplicative or unsolicited messages; (b) sending or storing 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) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfering with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempting to gain unauthorized access to the Platform or its related software, systems or networks; (f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity; (g) engaging in any conduct that could possibly damage our reputation or amount to being disreputable; (h) circumventing the proper operation of the Platform and network which the Service operates on; and (i) using 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, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform of its content;
3.1.12. You will not attempt to commercially exploit any part of the Platform without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, its content or any part thereof in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by Grab. This includes without limitation, not to:
(a) create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;
(b) copy any content displayed through the Platform or “mirror” the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third party product content and reviews, for republication in any format or media; or navigational structure or presentation of the Platform or its content elsewhere;
(c) conduct data mining or scraping activities; and
(d) disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform;
3.1.13. 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 Platform;
3.1.14. You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;
3.1.15. You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards Grab or any third party;
3.1.16. You agree that the Service is provided on a reasonable effort basis;
3.1.17. You agree that your use of the Service will be subject to Grab’s Policies as may be amended from time to time;
3.1.18. 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
3.1.19. 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 the Service/Platform for your use or such other purpose as we may communicate to you before or at the point of provision;
3.1.20. You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply;
3.1.21. 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 form the last date of transaction and deactivate or restrict access to your user account;
3.1.22. 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; and
3.1.23. You agree that you will observe food safety regulations of restaurants insofar as they may be applicable when placing orders through the platform such as Self Pick-Up Orders. You waive your right to make any claims for food safety-related concerns such as spoilage, foodborne illness, and other issues attributable to food being left out for more than the indicated pick-up time if you fail to abide with the Self Pick-Up guidelines.
3.2. If you are a Partner, you further represent, warrant and undertake that:
3.2.1. You possess all the appropriate licenses, approvals, permits, consents, authority and mandatory insurance policies related to or in connection with your provision of the Solution(s) 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, and you have all appropriate licenses and approvals in respect of any vehicle, equipment, premises or any other matter or thing which is involved or used in the course of your provision of the Solution(s);
3.2.3. If applicable, you have a valid policy/ies of liability insurance (in industry-standard coverage amounts) in connection with your provision of the Solution(s);
3.2.4. 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, which is due to or is alleged to be a result of the Solution(s) provided by you;
3.2.5. You shall obey all local laws your provision of the Solution(s) and will be solely responsible for any violations of such local laws;
3.2.6. You shall not contact Consumers for purposes other than in connection with the Service;
3.2.7. 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 Consumers, including without limitation any user account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform;
3.2.8. You are aware that when responding to Consumers, standard telecommunication charges may apply which shall be solely borne by you;
3.2.9. 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;
3.2.10. You agree that you are forbidden from giving out coupons and suggesting any other form of discounts to the Consumers. You are strictly forbidden to use the Service and Platform for other purposes such as but not limited to data mining of Grab’s information or information related to the Platform 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 Consumer, you further represent, warrant and undertake that:
3.3.1. Your use of the Service and Platform is, unless otherwise allowed by Grab, for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor“), in which case you shall assume primary responsibility of the Minor;
3.3.2. Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the Service;
3.3.3. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the Partner is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy on Grab’s website;
3.3.4. You shall not contact the Third Party Provider for purposes other than the Service; and
3.3.5. You shall not intentionally or unintentionally cause or attempt to cause damage to the Partner or any property of the Partner.
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Platform or part(s) thereof. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from, we do not warrant compatibility of the Platform 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 Platform 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. 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
5.2.2. remove any copyright, trademark or other proprietary rights notices contained on the Platform.
6.1 Payment Terms for Partners (Driver-partners/Delivery-partners)
6.1.1. Grab charges a fee for your use of the Service (“Service Fee“). The Service Fee may be up to 20% of the Consumer Charges unless otherwise communicated to and accepted by you before you commence provision of the Solution(s). The Service Fees are payable by you immediately and are non-refundable. 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 CONSUMER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.
6.1.3. Grab retains the right to suspend the processing of any transaction where it reasonably believes that the transcation may be fraudulent, illegal or involves any criminal activity or where you and/or the Consumer have breached any of the Terms in this Agreement. In such an event, you shall not hold Grab liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
6.1.4. Grab may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Consumers whereby these promotional offers shall accordingly be honored by you. Grab may change the Service Fee at any time at its sole discretion.
6.1.5. Driver’s Cash Balance: Grab shall administer payments to you and from you by way of a wallet system (the “Driver’s Cash Balance“). Your earnings will be displayed in the Driver’s Cash Balance in the Application and may be withdrawn by you to your designated bank account, or where available, to your Driver GrabPay Wallet, or to such other recipient accounts as are made available in the Application. Grab reserves the right to make such deductions from the Driver’s Cash Balance as are provided for in these Terms of Service, as are authorized by you, or as are notified to you via the Application.
6.1.6. Driver’s Credit Balance: In addition to your Driver’s Cash Balance, you must also maintain with Grab a Driver’s Credit Balance. The Driver’s Credit Balance comprises a pre-payment to Grab by you of commissions and other fees and charges applicable under these Terms of Service. You must at all times maintain a minimum credit balance (“Minimum Balance”) in your Driver’s Credit Balance in order for you to use the Service. The amount of such Minimum Balance shall be prescribed by Grab, and shall be notified to you via the Application. It may be changed at any time at Grab’s sole discretion.
6.1.7. 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).
6.1.8. 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.
6.1.9. Driver’s GrabPay Wallet: Where available, driver-partners will be provided with a GrabPay stored value facility wallet. This wallet may be used to receive funds withdrawn from the Driver’s Cash Balance pursuant to clause 6.1.4 above, as well as make payments, remittances and transfers of funds to other Consumers. Usage of your Driver’s GrabPay Wallet will be governed by the GrabPay Terms of Service, accessible via the https://www.grab.com/ph/terms/consumer/ website.
6.2. Payment Terms for Consumers:
6.2.1. Consumers are required to make full payment of the Consumer 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.
6.2.2 Automated payment may be made by credit card and or debit card, by GrabPay, alternative e-Wallets or by PayLater or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the GrabPay Terms of Service, accessible via the https://www.grab.com/ph/terms-policies/transport-delivery-logistics/ website.
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 Consumer Charges after the Solution has been provided and given to the Partner unless you choose to change the amount or remove the tip.
7.1. Cancellation Terms for Partners:
7.1.1 The Consumers rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Consumers’ bookings will impair the Consumers’ 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 Cancellation Terms for Consumers (Transportation Solutions):
7.2.1 Unless otherwise stated in any Grab Policy, you may cancel your request for transportation services at any time before you commence your ride with the Partner 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 on Grab’s website.
7.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact Grab via Help Centre on Grab’s website 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 and Promotions for Consumers
8.1. If indicated as such during your use of the Application, you will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by Grab and/or its affiliate companies.
8.2. The terms of the GrabRewards Loyalty Programme will be governed by the GrabPay Terms of Service, accessible via the https://www.grab.com/ph/terms-policies/payment-rewards/ website.
8.3. From time to time, Grab may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. Grab reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. Grab reserves the right to void, discontinue or disqualify you from any promotion or subscription plan without prior notice in the event you breach any part of these Terms of Service.
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, at its sole discretion, reserves the right at any time, without prior notice to you, 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.
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. Consumers and Partners 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 Partners and Consumers must be taken up with each other directly.
11. Repair and Cleaning Fees for Consumers
11.1. Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Partner’s property as a result of your misuse of the Service or breach of the Terms of Service herein. Grab may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Partner via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Partner has been verified by Grab.
12. Intellectual Property Ownership
12.1. Grab and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform 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 Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Platform, or any intellectual property rights owned by Grab and/or its licensors. Grab’s name, Grab’s logo, the Service, the Platform and the third party transportation providers’ logos and the product names associated with the Software and/or the Platform are trademarks of Grab or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term “Platform” shall include its respective components, processes and design in its entirety.
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 Partner, 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. You agree and allow Grab to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer 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 you interact with through the Service, Platform and/or advertising or marketing material supplied by third parties through the Service.
16.4. 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.
16.5.1. copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps;
16.5.2. sublicense, transfer or distribute Google Maps;
16.5.3. sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or
16.5.4. access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.
16.6. Save for factual, truthful and not misleading references through a plain text link to http://www.grab.com or URL(s) which Grab may specifically provide you with, any linking to the Platform or any part thereof is strictly prohibited in the absence of prior approval by Grab. Notwithstanding any other provisions, any website, software, platform or other device that links to the Platform or any part thereof is prohibited from (a) replicating any Platform Content, (b) using a browser or border environment around the Platform Content, (c) implying in any fashion that Grab is endorsing it or its products or services, (d) misrepresenting any state of facts, including its relationship with Grab, (e) presenting false information about products or services of Grab, and (f) using any logo or mark of Grab without prior written approval from Grab.
17.1 By agreeing to the Terms of Service upon using the Service or accessing the Platform, you agree that you shall indemnify and hold Grab, its licensors and each such party’s 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 Platform and/or any part thereof in your dealings with the Partners or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Partners or Consumers arranged via the Service, or (d) your use or misuse of the Service, the Platform, and/or any part thereof; or (e) where applicable your ownership, use or operation of any property, including your provision of Solutions to Consumers via the Service.
18. Disclaimer of Warranties
18.1. 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.
18.2. Grab makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Partners 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 Partners and shall have no recourse to Grab in respect of the same.
18.3. where applicable, Grab’s role as collection agent is solely mechanical and administrative in nature and Grab does not owe to you a duty of care or any fiduciary duties.
19. Internet Delays
19.1. 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 PARTNER 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 CONSUMER, PARTNER, 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 WARRANT OR REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY CONSUMER OR PARTNERS INCLUDING 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 CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS.
20.3. GRAB WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CONSUMER WITH A CURRENT CORPORATE ACCOUNT WITH GRAB, GRAB CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE PARTNERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE AND/OR THE PLATFORM (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 AND/OR THE PLATFORM, OR IN ANY WAY RELATED TO THE PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE AND/OR THE PLATFORM.
20.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PARTNER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO THE CONSUMER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO SOLUTIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
21.1. 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.
22.1. This Terms of Service as modified from time to time may not be assigned by you without the prior written approval of Grab but may be assigned without your consent by Grab. Any purported assignment by you in violation of this section shall be void.
23.1. This Terms of Service shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction.
23.2. Any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Service or the Service (“Disputes“) shall be referred to the Philippines Dispute Resolution Centre (“PDRC”), in accordance with the Rules of the PDRC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Grab (the “Arbitrator”). If you and Grab are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of PDRC in accordance with the Rules. The seat and venue of the arbitration shall be Manila, in the English language and the fees of the Arbitrator shall be borne equally by you and Grab, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
23.3. Notwithstanding the above, if you are a Partner, you may choose to submit a Dispute for mediation at the PDRC and/or courts subject to the respective rules and guidelines.
24.1. Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with Grab.
25.1. If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
26. No Waiver
26.1. The failure of Grab to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.
27. Entire Agreement
27.1. This Agreement comprises the entire agreement between you and Grab in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise. For the avoidance of doubt, where you have entered into a separate written agreement with Grab which incorporates a reference to these Terms of Service, these Terms of Service shall be applicable in reference to the said written agreement. In the event there are inconsistencies between these Terms of Service and the separate written agreement, you agree to work with Grab in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Platform may be subject to additional terms and conditions, which will be communicated to you.
28. Suspension and Termination
28.1. You agree that we may do any of the following, at any time, without notice:
(i) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any products or services), for any reason;
(ii) to modify or change any applicable policies or terms; and
(iii) to interrupt the operation of the Platform or any portion of the Platform (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.
28.2. Without prejudice to any other provisions, we may vary, modify or remove Platform Content without notice (including with limitation, information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions or otherwise violates Grab Policies, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as Grab deems appropriate (collectively, “Rectification Measure“) including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, canceling the affected orders at any time without prior notice (including without limitation after an order has been submitted).
29. No Third Party Rights
29.1. Except for the parties who are indemnified pursuant to the indemnification provisions set out 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/GrabMart Consumers:
1.1.1. The Platform allows you to place orders for goods and products (including but not limited to food and beverage) made available for sale on the Platform (“Goods“) from Partners who are merchants which at your option when placing the order(s), may be delivered to you by Partners who are delivery-partners or may be made available for self pick-up (if such self pick-up option is available) from the respective merchants during the time period as specified in the Platform or otherwise communicated by Grab. Grab does not control any of these Partners or Goods or services provided by them. You understand that any order that you place shall be subject to the product availability and location serviceability on the part of the Partners.
1.1.2. All Goods orders and delivery bookings placed on the Platform (“Goods Orders”) are treated as confirmed. You shall not be entitled to cancel a Goods Order after it is confirmed (including any address changes initiated via the app chat or call function with the Partner). If you cancel a Goods Order after it has been confirmed, you remain liable to pay the applicable fees for the Goods Order in full regardless of whether it has been prepared or delivered by the relevant Partner. For the avoidance of doubt, where you have opted to self pick-up a Goods Order, you will be deemed to have cancelled the Goods Order by not collecting it within the time period specified in the Platform or otherwise communicated by Grab. Neither Grab nor the Partners shall be responsible to retain the Goods Order for your collection after the said period has lapsed.
1.1.3. Upon your of placement of Goods Order, the relevant Partners 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 Partner(s) where such arrangement is not confirmed and recorded on the Platform.
1.1.4. You remain liable to pay the order value in full where (i) cancellation is made by you after the Partner(s) has accepted the order; or (ii) you are not present or do not show up at the designated delivery location or the designated self pick up location or you are unreachable physically or uncontactable: (a) after five (5) minutes from the time that the Partner arrives at the designated delivery location; or (b) within the time period as may be communicated by Grab for self pick-up.
1.1.5. Grab may not process your Goods 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) unavailability of items ordered.
1.1.6. The prices of Goods reflected in the Platform are determined solely by the Partner and are listed for information only.
1.1.7. Prices of Goods as reflected in the Platform may, for reasons such as technical issue, typographical error or outdated product information supplied by the Partner, be incorrectly reflected and in such an event the Partner may cancel your order(s). Grab shall in no event be liable for any (direct or indirect) loss arising therefrom.
1.1.8 The Partner shall be solely responsible for any warranty in relation to, and quality of, the Goods sold to you.
1.1.9 You are responsible for ensuring that the details entered by you in respect of the Goods Order on the Platform are accurate and complete. Grab shall not be liable (i) in the event of late delivery or non-delivery of Goods that you order by reason of erroneous delivery details entered by you on the Platform; or (ii) in the event of late or non-collection of the Goods you ordered for self pick-up by reason of erroneous collection details entered by you on the Platform. You acknowledge that in the ordinary course of delivering the Goods, the Partners may disclose your details to the recipient. GrabFood, GrabMart and GrabSupermarket are not provided as an anonymous service. Therefore, you are solely responsible in determining your choice of the recipient and Grab shall not be liable or responsible for any (direct or indirect) losses suffered by or caused to you or arising out of or in connection with or by reason of your expectation of anonymity through the use of GrabFood, GrabMart and/or GrabSupermarket.
1.1.10 If you or the intended recipient of the Goods are not at the designated delivery location, the Partner may leave your order unattended on or in front of the premises of the designated delivery location and the Goods shall be deemed to have been delivered. After the delivery of the Goods or collection of the Goods that you ordered for self pick-up, you shall solely be liable forall loss, damage, contamination, soiling or degradation of the Goods (including but not limited to containers and packaging) whether caused directly or indirectly by you or any person acting on your behalf or otherwise.
1.1.11 Persons placing an order for alcohol from any Partner 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 Third Party Provider(s) will have the right to (A) request to be shown your identity document for age verification purposes; and to (B) refuse to deliver or provide any alcoholic product to any person who at the time of delivery or self pick-up (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 self pick-up collection and in such an event you agree that Grab and the Partner(s) shall not be liable to make any refund to you for payment already made by you.
1.1.12 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts at the booking checkout stage of the Goods Order. All promotion codes and discounts are subject to their specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted Goods item may be rounded and will be set out on the checkout page for your Goods 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 direct or indirect losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promotion codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discounts in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. As a result of arrangements or agreements between you and the Partner(s) pursuant to Clause 1.1.3 above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.
1.1.13 Grab reserves the right to suspend or terminate your user account if it is determined that you have been filing unmeritorious claims for reimbursements which include, but is not limited to: providing fake documentation, using a previous documentation already submitted to make a new claim (i.e. double claiming), making false claims, and other modes to defraud Grab.
1.2. For GrabFood/GrabMart/GrabRetail Partners (Merchants):
As a merchant, in addition to provisions applicable to Partners in general and other terms or contracts which you have entered into with Grab, you are subject to the additional terms below.
1.2.1 Creation and Monitoring of Self-funded Marketing Activities
You may be able to create a campaign, participate in promotion or place an order for advertisement(s) on the Platform PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and/or advertisement (“Marketing Activity(ies)”). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from the Application may be varied from time to time at Grab’s sole discretion, and where provided, suggested or offered, you agree and acknowledge that they are made available on an ‘as-is’ basis.
By creating or participating in any Marketing Activities, you accept the following additional general conditions:
(a) Any information submitted through your account to us (whether via our Application or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.
(b) Any information you input into the Platform where required or otherwise provided to us must be complete, truthful, accurate and not misleading.
(c) Your intention to create or otherwise indicate consent to participate in a Marketing Activity must be genuine and must not be conducted in a manner which may be misleading to the Consumers. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.
(d) Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.
(e) You shall be responsible to directly handle any complaints or enquiries from Consumers in respect of the Marketing Activity.
(f) In the event where you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise 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 Marketing Activity and remain responsible to handle any enquiries or complaints from Consumers in respect of or in connection with the Marketing Activity.
(g) Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity 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 Marketing Activity is, and will be conducted, in accordance with the applicable law.
(h) While we do not supervise or monitor the Marketing Activity, we reserve the rights to (but are not obliged to) cancel, take down, suspend or otherwise vary the Marketing Activity as we deem fit, without being liable for any damage or loss whatsoever, including any refund of the fee or cost which you have paid for the purposes of the Marketing Activity.
(i) We may make available to you information relating to the Marketing Activity, and such information is considered as part of the Platform Content and is subject to Clause 28.2 of Section A.
(j) You agree to pay to Grab any and all costs and expenses in connection with the Marketing Activity. Notwithstanding any other provisions, you authorise Grab and its affiliates to directly deduct any amount payable by you to Grab or its affiliates, including without limitation the said costs and expenses in connection with the Marketing Activity (“Amount Payable”), from any amount receivable by you as a Partner (including without limitation your balance in the merchant wallet on the Platform) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed Grab or its affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set off the Amount Payable against your Amount Receivable by providing reasonable notification to you, or to issue an invoice for the Amount Payable where we deem appropriate.
(k) You must notify us immediately if your account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an 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 due to the Marketing Activity created or launched 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 amount payable to you by Consumers for each Goods Order placed pursuant to the Marketing Activity may be rounded in accordance with our internal policies which we may update from time to time.
1.2.2. Submission and Variation of Content
We do not claim ownership of any content or information that you upload on the Platform 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, perpetual 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.
We may enable you to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by Consumer(s) in order to facilitate the Solution including without limitation detail(s) of an order placed by a Consumer. You acknowledge that any such content or information may be made available in real time to end consumers via the Platform or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the Consumer(s) 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 or amended by you (via the Platform 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. In the event where you amend any content submitted by Consumer(s) such as an order placed by a Consumer, you further agree that by amending such content, (1) you have obtained the prior consent or acceptance from the affected Consumer; and (2) Grab is not involved in and will not be responsible for the amendments made by you, though Grab reserves the right to (but is not obliged to) carry out Rectification Measure(s) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.
1.3 For GrabFood/GrabMart/GrabRetail Partners (Delivery-Partners):
1.3.1. You agree that in the event either the address provided by the Consumer is incorrect or the Consumer is unable, refuses, is not the intended recipient of the Goods and/or is uncontactable after at least three attempts of calling them on the number provided and after waiting for at least five minutes, you shall have the right to leave the Goods at the premises and send a picture or message to the Consumer via the Platform confirming that the Goods have been delivered at the premises.
1.3.3. You undertake to be cautious in dealing with the Goods and to use best endeavours to ensure that the Goods are delivered safely, and in accordance with the instructions given to you by the relevant merchant.
2.1. For GrabExpress Partners:
2.1.1. You shall not accept any delivery item containing or which you believe may contain any of the below items:
2.2. For GrabExpress Consumers:
2.2.1. You shall not send any delivery item containing any of the following:
2.2.3 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. For the avoidance of doubt, address changes via the in app chat or call function with the Partner shall not be accepted as a proof of address change.
2.2.4 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 Partner (whether by way of your entering such details on the Application or otherwise).
2.2.5 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 Partner of any specific precautions which should be applied to the handling of the delivery item in accordance with its nature.
2.2.6 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.
2.2.7 Grab and/or the Partner 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 Partner has the right to refuse the receipt and delivery of such delivery item.
2.2.8 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.
2.2.9 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 the item, the Partner may disclose your details to the recipient. GrabExpress is not provided as an anonymous service. Therefore, you are solely responsible in determining your choice of recipient and Grab shall not be liable or be responsible for any losses (direct or indirect) suffered by or caused to you or arising out of or in connection with or by reason of your expectation of anonymity through the use of GrabExpress.
2.2.11 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 Partner arrives at the designated delivery location. Grab and Partner 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 Partner arrives at the designated delivery location.
2.2.12. Partners have the right to refuse delivery if the delivery item falls within the categories listed at Clause 2.2.1 above.
2.3. Ninja on Grab
By using Ninja on Grab delivery service on the Application, you acknowledge and agree that:
2.3.1 Ninja Van is an independent third party service provider and their terms and conditions shall apply to the Ninja on Grab delivery service;
2.3.2 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;
2.3.3 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
2.3.4 You will not earn any Grab Rewards Points for your use of the Ninja on Grab delivery service.
5. Grab Rent
5.1. This section governs a Consumer’s use of the Platform to book a car with a dedicated Partner for a duration of the Consumer’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 Partner shall immediately communicate with Consumer once booking has been accepted. If the Consumer could not be contacted or has misunderstood service after five (5) minutes, the Partner is allowed to cancel the booking.
5.2.5. Start of the booking is after the five (5)-minute grace period for Consumers to meet with the Partner at the identified pick-up point or when Consumer gets inside the car or whichever is earlier. If a Consumer shows up after the five (5)-minute grace period and has confirmed with the Partner 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 Partner clicks “Pick up”, booking may no longer be cancelled by both ends. Consumer 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 Consumer’s end. Toll and parking can be added after the trip.
5.2.8. Partner cannot charge anything outside the Platform.
5.2.9. Overtime services shall be at the discretion of the Partner and shall be subject to agreement with the Consumer and within serviceable hours.
5.2.10. Consumer 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 CONSUMER WILL BE ABLE TO AVAIL OF ACTIVITIES CHOSEN BY CONSUMER IN THE STOPS OF THE TRIPS AS THESE ARE PROVIDED BY PARTIES OUTSIDE OF GRAB. GRAB/PARTNER SHALL NOT BE LIABLE FOR ANY ACCIDENTS, INJURIES, ETC. THAT MAY OCCUR IN THIRD PARTY ESTABLISHMENTS.
5.3. For GrabRent Consumers
5.3.1. A Consumer shall wait up to sixty (60) minutes from allocation before getting picked up to account for the traffic.
5.3.2. The number of Consumers must not exceed maximum capacity of vehicle booked. The Partner shall be obligated to cancel should this happen.
5.3.3. Consumers are allowed to make multiple stops within the service area covered by the package during the trip.
5.3.4. If Consumer requests to be dropped off before the lapse of the availed hours in the package, Consumer remains liable to pay the full amount for the package.
5.4. For GrabRent Partners:
5.4.1. Partner must remind Consumer within thirty (30) minutes to one (1) hour that the trip will be ending.
5.4.2. If the Consumer could not be contacted during the trip, the Partner is advised to wait until end time of package before ending trip and leaving.
5.4.3. If Partner forgets to click the “Pick Up” button during the start of the trip which should trigger the start of charging, Partner is advised to honor the end time stated in the Application.
5.4.4. If Partner forgets to click the “Drop Off” button and there exits an overtime charge, the full amount the overtime charge shall be refunded to the Consumer and deducted from the payout due to the Partner.
5.4.5. Partner must coordinate with Consumer with regard to the locations and packages provided these are within the specified product bounds. Partner shall not make any deviations except in the event of fortuitous circumstances.
5.4.6. The Partner must drop off Consumer within the same area of the pick up point (not exact pickup point but same origin).
5.4.7. Partner shall be required to provide reliever vehicle. If none is available, Grab shall book on Partner’s behalf.
6. Grab for Business
6.1 Provision of Services
6.1.1 Access to Services:
This section applies to you if you are a corporate Consumer (“Corporate User”) and sets out the terms under which you may utilise the Grab for Business Portal (“Portal”) in conjunction with the Solutions accessed by you or your authorised Consumers (“Authorised User”) through the Application of the Platform. Your and your Authorised Users’ use of the Application and Solutions are subject to the applicable terms in these Terms of Service. The Terms of Service and this section applies to you upon your completion of the account sign-up page on https://www.business.grab.com, and constitute a binding agreement between you and Grab. In the event of any conflict in the terms under this section and the rest of these Terms of Service, the terms in this section shall prevail to the extent that such inconsistency relates to Grab for Business.
6.1.2. After verification and acceptance by Grab, Grab will establish a Corporate User Account for you in accordance to your preferred mode of payment of charges incurred by Authorised Users for the Solutions, be it (1) Corporate Billing (as defined below), (ii) reimbursement, or (iii) corporate credit card billing. Using your Corporate User Account, you may permit Authorised Users with an Active Account (as defined below) to pay for Solutions using Corporate Billing (as defined below). You acknowledge that Authorised Users employing Corporate Billing will be incurring User Charges to your Corporate User Account and not to the Authorised User’s personal account or credit card. You agree to pay all User Charges incurred under Corporate Billing, as well as any applicable fees incurred by Authorised Users in using the Solutions, in accordance with the terms and conditions herein. “Corporate Billing”the enterprise billing and payment process for the Service provided by Grab or its Affiliates to you hereunder for User Charges, whereby you make payment at the agreed date via your designated payment method under the GrabPay Terms of Service, subject to a monthly statement made available by Grab to you on a monthly basis.
6.2. Active Account Required
6.2.2. You acknowledge that certain Proposed or Authorised Users may be suspended or banned from use of the Service due to future or past violations of the Terms of Service, and that Grab shall have no obligation or liability related to a Proposed or Authorised User that is unable to obtain or maintain an Active Account for the purposes of Corporate Billing due to such violations.
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., firstname.lastname@example.org), 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 Responsibility for User Account Activity
You agree that (a) You are responsible for all User Charges incurred by AuthorisedUsers on a then-current Authorised User list regardless of whether such User Charge was authorised between Authorised User and you and (b) User Charges may be subject to price changes at any time, including, without limitation, occasional increases during surge periods and other amounts as further described in the Terms of Service. Further, you agree that Grab shall not be responsible for User Charges incurred by an Authorised User after you have attempted removal of such Authorised User from the Corporate Billing option to the extent you provide incomplete or inaccurate Authorised User removal information via the Portal. Finally, as between you and Grab, you shall be responsible for the User Charges incurred due to fraudulent or other prohibited activity on the part of Authorised User’s use of Corporate Billing for the Service. You shall notify Grab promptly upon discovery of fraudulent or prohibited activity occurring under your account.
You agree to, and to cause all Authorised Users to, use the Service and Application solely as set forth in this Terms of Service. Grab reserves the right to suspend participation in Corporate Billing to you and/or any Authorised Users for violations of these Terms of Service. In the event that an Authorised User’s Active Account is suspended or terminated pursuant to these Terms of Service, such Authorised User’s access to Corporate Billing shall also be suspended. Corporate User 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 Service or Application, except to the extent allowed by applicable law, (b) sublicense, lease, rent, sell, give, or otherwise transfer or provide the Service or Application to any unaffiliated third party, (c) upcharge, increase or otherwise modify the User Charges as calculated through the Application for any usage of the Service or (d) impose any additional fees or charges on an Authorised User related to use of the Service. Grab reserves all rights not expressly granted to you or Authorised Users under these Terms of Service.
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.
You may appoint additional Company Admins at your discretion, and Grab will provide the necessary Portal login credentials to you. You agree to (a) maintain all Portal login credentials in confidence, (b) only permit the lead Company Admin and your other authorised company admininistrators to access the Portal, and (c) update all information of the lead Company Admin and other authorised administrators to ensure that it is current, accurate, and complete. You shall limit access to Portal Data to only those personnel who have a legitimate business need to access such Portal Data. You shall be responsible for all activities that occur under its Portal login credentials including keeping and maintaining an accurate list of current Authorised Users entitled to access Corporate Billing methods via the Portal. Grab may review the current list of Authorised Users from time to time via the Portal to maintain and support the Application and Service and ensure compliance with the Terms of Service.
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 portal fee, including fees for additional services on the GFB portal (the “Fees”) as determined by Grab from time to time, and agreed to by you, in writing (including electronic mail). 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).
Unless otherwise indicated on an Authorised User receipt, all payments made pursuant to this Terms of Service are exclusive of applicable taxes, and you agree to be responsible for the payment of any such taxes assessed on User Charges, including VAT. You agree 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, your registered company name, billing address, tax number (where applicable) and any other evidence that Grab may require that you are a business conducting an economic activity. If you are participating in Monthly Billing, the Monthly Report will indicate Fees in the currency applicable to the place of incorporation only. If you are not participating in Monthly Billing, all payments shall be processed in the local currency applicable to the geography of the Authorised User’s applicable ride. All payments are non-refundable unless otherwise stated.
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.grab.com/ph/business/.
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.
6.8 Term and Termination
6.8.1 These terms shall apply from the date of your Corporate User Account creation and shall remain in effect until it is terminated.
6.8.2 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 6.13 of this section shall survive such termination.
6.9 Warranties and Disclaimer of Liability
6.9.1 You represent and warrant that (a) you have the full right, power and authority to enter to this Agreement, and that (b) your acceptance of these Terms of Service and performance of your obligations herein does not and will not violate any other agreement to which you are party to.
6.9.2 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.
6.9.3 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.
6.10 Proprietary Rights
6.10.1 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.
6.10.3 Geo Data
126.96.36.199 Grab grants a limited, non-exclusive, non-transferable, revocable, royalty-free licence in the Philippines for the duration of your Corporate User Account, subject to the licence restrictions set out in clause 188.8.131.52 and the other terms in this Agreement, to use the Grab Geo Data for the purposes of accessing and viewing of the Transaction Records for your internal business purposes.
For the purposes of this clause 6.10.3:
“Transaction Records” means the transaction records of Authorised Users who utilise Grab’s Solutions and which Authorised Users shall be permitted to view, retain and retrieve, in such form as determined by Grab in its sole discretion.
“Grab Geo Data” means any geolocation data including but not limited to any aggregated or point of interest data, address, distance, and place name made accessible to you by Grab relating to the Authorised User’s access of the Solutions.
184.108.40.206. You and Authorised Users shall:
(a) not use the Grab POI Data for any purpose not permitted under this Agreement or in any manner contrary to any law or regulation or any regulatory code, guidance or request; and
(b) not extract, export, scrape, utilise, use, exploit, distribute, redistribute, disseminate, copy or store the Grab POI Data or Transaction Records for any purpose not expressly permitted by this Agreement; and
(c) at any time within 10 days of request from Grab or upon the termination or expiry of this Agreement, destroy and purge from all its internal and backup systems any and all Grab POI Data (including any extracts and copies thereof), save that Transaction Records may be retained solely for carrying out the purposes stated in this 6.11.5.
6.11 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.
6.13 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. Point of Interest Contributions
7.1 This section applies to Users’ and Partners’ submission of Point of Interest (“POI”) locations to the map in the relevant Application.
7.2 Submission requirements: When submitting a POI, you are required to provide POI content such as the name, address and category of the POI. You may also provide additional POI content such as images of the POI and relevant additional details (“POI Content”).
7.3 Prohibited content: You shall ensure that all POI Content submitted:
7.3.1 is not inaccurate, fake or spam;
7.3.2 is not defamatory, obscene, discriminatory, provocative, derogatory, harmful, offensive or otherwise objectionable;
7.3.3 does not contain irrelevant content such as political or personal opinions;
7.3.4 does not offer or promote the sale of any regulated or prohibited items or services, including but not limited to tobacco, drugs, gambling, weapons, medical services and adult services;
7.3.5 does not refer to, promote or depict sexually explicit content, abusive images and/or images of minors, violence, terrorism or any other harmful behaviour or illegal conduct;
7.3.6 does not contain personal/sensitive data or images of any person;
7.3.7 does not contain images of protected areas, publicly inaccessible locations or restricted areas, or areas where photography and filming are not permitted (e.g. immigration checkpoints, military compounds, interiors of private residences); and
7.3.8 is not copied or stolen, and does not infringe upon third party intellectual property rights.
7.4 Acceptance, rejection or removal of POI: Grab may, at its sole discretion and at any time without notice to you:
7.4.1 accept or reject any POI Content submitted;
7.4.2 amend or redact any accepted POI or POI Content; and
7.4.3 remove any POI or POI Content.
7.5 Rewards: Grab may provide incentives or rewards for accepted POI Content submissions from time to time, as notified to you in the Application.
7.6 Licence: By submitting a POI:
7.6.1 you are solely responsible for your conduct and any data, text, information, names, images, graphics, photos, imagery and other content that you submit, post or display on or via the Application. Grab does not claim ownership of any POI Content that you post on or through the Application;
7.6.2 you have no obligation to provide any content to Grab. However, if you choose to upload or share content, you represent and warrant that you have the requisite permissions to submit the POI and the POI Content;
7.6.3 you grant Grab an irrevocable, worldwide, non-exclusive and royalty-free licence to host, reproduce, distribute, communicate, publish, use, sub-license, modify and create derivative works based on the POI and POI Content;
7.6.4 POI or POI Content that contains publicly available factual information, such as the name of a business, is not covered under the scope of this licence; and
7.6.5 this licence lasts for as long as your POI Content is protected by intellectual property rights.
7.7 Amendment or removal requests: You may submit requests to amend or remove POIs or POI Content through the Application. Grab will assess on a case by case basis whether to accede to such requests at Grab’s sole discretion.
7.8 Satellite street view images: When submitting or viewing POIs in the Application, you may be able to view satellite street view images (“Satellite Images”). You acknowledge and agree that:
7.8.1 all right, title and interest in the Satellite Images, including all corrections, enhancements, modifications or intellectually property rights belong to Grab’s third party vendor(s) or such vendor’s suppliers;
7.8.2 you shall not distribute, sub-license, rent, sell, lease or loan the Satellite Images to any third party, or otherwise use or reproduce the Satellite Images for any purpose not expressly permitted by Grab, including any commercial purpose;
7.8.3 you shall not remove, bypass or circumvent any electronic or other protection on the Satellite Images;
7.8.4 you shall not download or save the Satellite Images onto any device;
7.8.5 you shall not alter, obscure or remove any copyright notice, copyright management information, trademark or proprietary legend contained in or on the Satellite Images;
7.8.6 all Satellite Images are provided “as is” without any warranty of any kind, including any warranty of fitness for purpose, non-infringement or non-misappropriation of intellectual property rights of any third party, accuracy, content or results; and
7.8.7 neither Grab nor its vendor(s) shall be liable for any loss or damage of any nature howsoever arising out of or in relation to your access or use of the Satellite Images.
8. Data Sources
The Platform contains geographical data attributed to the following sources:
– Map Data © OpenStreetMap contributors www.openstreetmap.org/copyright
– Map Schema © OpenMapTiles https://openmaptiles.org/
– Map Data © Google maps.google.com
– Map Data © Here www.here.com
– Map Data © OpenStreetCam openstreetcam.org
– Map Data © Foursquare foursquare.com
– Land Transport Authority, Singapore lta.gov.sg
– Department of Transportation, Philippines dotr.gov.ph
– Jakarta Transportation Management Body bptj.dephub.go.id/
– Ministry of Transport, Vietnam mt.gov.vn/en/Pages/default.aspx
and information on places accessed on August 17th, 2020 from:
(i) Land Transport Authority of Singapore (https://www.lta.gov.sg/content/ltagov/en.html);
(ii) Singapore Land Authority’s OneMap (https://www.onemap.sg/main/v2/);
(iii) National Environment Agency of Singapore (https://www.nea.gov.sg/);
(v) from Hdb.gov.sg; and
(vi) OpenWeatherMap accessed on 01 April 2021,
which are respectively made available under the terms of the Singapore Open Data Licence version 1.0 (https://data.gov.sg/open-data-licence).
Grab uses open source libraries within Grab mobile applications as set out in http://grb.to/oss-attributions.
9.1 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.
9.2 The Application allows you to place orders for 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.
9.3 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.
9.4. 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.
10. GrabGifts for Consumers
10.1. This section applies to Consumers’ purchase and use of digital gift cards (“GrabGifts“) on the Platform.
10.2 You must have a valid Grab account to purchase GrabGifts. If you are sending GrabGifts, your intended recipient will be able to view your Grab account username.
10.3 Payment shall be made using any of the payment methods made available by Grab. If you are purchasing GrabGifts for a user overseas, the GrabGifts purchase amount will be in the recipient’s local currency and the exchange rate will be determined by your card issuing company.
10.4 All GrabGifts purchases are final and cannot be cancelled or exchanged by you.
10.5 Grab reserves the right to decline to process or accept any GrabGifts purchase. You will receive a refund if Grab cancels a GrabGifts purchase. Grab will not be liable for any losses howsoever arising out of Grab’s declining or cancellation of a GrabGifts purchase.
10.6 You must have a valid Grab account in order to receive and redeem GrabGifts. Grab will not be liable for any delay in sending, transmission or receipt of GrabGifts.
10.7 Redemption and usage of GrabGifts is subject to the usage restrictions stipulated for each GrabGift, including:
– the type of Grab offering or merchant(s) for which the GrabGifts may be redeemed;
– the type of Grab offerings for which the GrabGifts may be redeemed;
– the country in which the GrabGifts may be redeemed;
– expiry date; and
– any other restrictions as may be notified by Grab.
10.8 GrabGifts may only be redeemed in the Grab Application. Users should ensure that they have downloaded the latest version of the Grab Application.
10.9 Grab will not replace, exchange or refund any GrabGifts that has expired.
10.10 GrabGifts cannot be transferred to another Grab account.
10.11. Each GrabGifts may only be redeemed once. Any unutilized GrabGifts amount will be forfeited. If your transaction value exceeds the GrabGifts value, you will be required to top-up the shortfall. GrabGifts may not be applied towards Grab platform fees.
10.12 Grab is not responsible for, and makes no warranty in relation to, the quality of the products and/or solutions for which the GrabGifts are redeemed.
10.13 GrabGifts cannot be used in conjunction with other promotions or discounts, unless otherwise stated.
10.14 Grab will not be responsible or liable for any GrabGifts sold by any third party.
10.15 GrabGifts cannot be exchanged for cash.
10.16 Grab may take any action for illegal or fraudulent usage of GrabGifts, including suspending or terminaing your Grab account and cancelling GrabGifts without reimbursement.
11. Corporate GrabCar G! Pass
11.1. Minimum order of 100 access slots for a minimum period of 3 months.
11.2. Payment for Corporate GrabCar G! Pass access should be made before the access is granted.
11.3. The cost of a Corporate GrabCar G! Pass access is worth P150 per month per employee. Benefits of the Corporate GrabCar G! Pass access include the following:
11.4. Access to GrabCar 2-Seater (G! Pass) for personal account bookings.
11.5. Access to the Grab for Business portal to manage Corporate G! Pass access.
11.6. When access is granted to an employee AND if the employee is connected to the GfB platform, GrabCar 2-Seater (G! Pass) can be found on the GrabCar booking screen.
11.7. Should the company enroll more employees to Corporate G! Pass than the number of slots that was paid for, employees in excess of the slots provided will not get access to GrabCar 2-Seater (G! Pass).
11.8. The price of P150 for a Corporate GrabCar G! Pass per person per month is valid from the time of offer. Should the price of the G! Pass change, the price change will apply to the renewed contract.
11.9. Rides on GrabCar 2-Seater (G! Pass) can only be paid with GrabPay credits or Corporate Billing, but part of the package will include an internal “How to Activate your Basic GrabPay Wallet” campaign.
11.10. Existing Grab discounts and mandatory discounts do not apply to GrabCar 2-Seater (G! Pass)
11.11. Should there be any widespread technical issues related to GrabCar G! Pass, clients affected will be given an extension to their access that is equal to the number of access days affected by technical issues.
12. Grab Marketing Solutions (“GMS Terms of Services”)
12.1. Grab Marketing Solutions (“GMS”) are service offerings of Grab (the “Service”) where merchants (“you”) will be able to enjoy certain rights and privileges by joining or otherwise indicating interest to the same via the Application and/or Platform, subject to the terms and conditions herein.
12.2. These GMS Terms of Service supplement the Terms of Service and the other relevant Grab policies and codes of conduct applicable to you (“Main Terms”), of which these GMS Terms of Service forms a part, including any future amendments and additions as published from time to time on https://www.grab.com/ph/terms-policies/, the Application and/or Platform. In particular, any capitalised terms used but not defined herein shall bear the same meaning as those defined in the Main Terms (unless the context otherwise requires); and special attention should be paid to the section(s) covering marketing activities by a GrabFood or GrabMart Merchant in the Terms of Service: Transport, Delivery and Logistics. GMS Terms of Service and Main Terms shall be collectively referred to as “Terms” herein.
12.3. You will be deemed to have consented to the Terms as may be amended from time to time when you request to opt in or otherwise join a marketing package via the Application and/or Platform (“Package”) or when you use the Service via the Application. If you do not agree to the Terms, please do not continue using the Application or the Service. Your continued use of or participation in the Package(s) and/or Service after any changes or updates to the Terms, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Terms.
12.4. In addition to the above, by requesting to join or otherwise opt in for a Package (“Opt In Request”), you agree that you have read and understood the Package offer details as provided in the Application and/or Platform, which shall include but is not limited to (i) information relating to the campaign description, (ii) the relevant duration, (iii) the increase of Service Fee (as defined under your commercial contract or other form of contract with Grab (“Contract”) during the campaign period, (iv) the eligible outlets, (v) the pertinent funding obligation(s) and cost, (vi) any specific method of deduction and the included marketing assets. You agree and understand that your Opt In Request(s) shall be subject to approval by Grab, and will thereafter serve as a supplement document / side letter / amendment and/or other forms of document thereto, and will be deemed as an integral and inseparable part of your existing Contract with Grab.
12.5. In order to provide the Services to you, Grab may carry out activities, such as launching promotions, campaign/marketing investments and initiatives, targeted ads banner plans, online advertisements and/or any other initiatives from time to time to the extent it deems necessary in connection with the Services, whether it be a combination of activities or a specific activity, on your behalf. You agree and hereby authorise Grab to do so as well as use your intellectual property (such as logo) for the purposes of such Services.
12.6. You agree that any amounts payable to Grab may be subject to all prevailing statutory taxes, charges and or costs as may be in force and any new taxes that may be introduced at any point of time, and you shall be liable for any such taxes on any amount pursuant to the Package(s) and/or Service(s).
12.7. You may request to opt-out of a Package via such means as Grab may make available for such purpose (“Opt Out Request”). Such Opt Out Request shall be subject to approval by Grab. Unless and until the date on which you receive a confirmation from Grab that the Opt Out Request is successful, you shall remain liable for any amounts payable to Grab.