Terms of Service

Terms of Use for Philippines GrabTaxi Passengers

Last modified: 16 October 2018

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

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and MyTaxi.PH Inc (Company No. CS201303965) (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at http://www.grab.com or through the Application.

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

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

1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device.

The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
  • You shall not contact the third party transportation provider for purposes other than the Service;
  • You will not impair the proper operation of the network;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation provider;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account can be registered on one device;
  • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers;
  • You are aware that when requesting transportation services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

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

2. Payment

  • You may choose to pay for the transportation services by cash and where available, by credit card and or debit card (“Card”).
  • In the event that you choose to pay for the transportation services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the transportation services.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card or GrabPay Credits balance, in order to verify your payment method via your Card or GrabPay Credits balance. The authorized hold amount will be based on the upper bound fare shown at the time of your booking and may include up to the maximum extra charges (for example, Tolls & Others or Booking Fees, where applicable) permissible on the Application. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card or GrabPay Credits.
  • In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
  • When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing. This will automatically be added to the transportation fee at the end of each journey and given to the third party transportation provider unless you choose to override it with a different tip amount or to remove the tip.
  • Once you have completed a journey using the Service, you are required to make payment in full to the third party transportation provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third party transportation provider directly.
  • The Company reserves the right to suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where the Company reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
  • You shall be responsible to resolve any disputes with your Card company on your own.
  1. GrabPay Credits
    • You may purchase credits (“GrabPay Credits”) which may be used to pay for the transportation services. The maximum amount of GrabPay Credits that you can hold at any time is PHP100,000.00.
    • You may choose to purchase GrabPay Credits through any of the methods as may be made available in the Application from time to time. Selecting a particular payment method means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
    • The Company may at its sole and absolute discretion reject your request to purchase GrabPay Credits for any reason whatsoever, including without limitation, in accordance to balance limits set by Banco Sentral
    • The GrabPay Credits will be valid for one (1) year from the date of their last use. The Company shall have the right to deal with the expired GrabPay Credits in such manner as it deems fit in its absolute discretion.
    • The GrabPay Credits are not redeemable for cash nor are they refundable. They cannot be resold, exchanged or transferred for value.
    • You will not receive interest or other earnings on your GrabPay Credits. The Company may receive interest on amounts that the Company holds on your behalf. You agree to assign your rights to the Company for any interest derived from your GrabPay Credits.
    • You should ensure that you have sufficient GrabPay Credits to pay for the transportation services. If you have insufficient credit balance to pay for the transportation services, you may purchase additional GrabPay Credits so that you may complete your payment for the transportation services.
    • You may check your GrabPay Credits balance in the Application. The GrabPay Credits balance set out in the Application shall serve as a conclusive evidence of your GrabPay Credits balance.
    • As credit purchase may involve credit card transactions through a financial institution, in the event of any error in such transaction which results in chargebacks from the financial institution, the Company reserves the right to clawback the credits (up to the disputed amount) from your GrabPay Credits or by any other way it deems fit in its sole discretion.
    • The Company has the right to forfeit your GrabPay Credits where it reasonably believes that the credit purchase may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

Consumer advisory – the GrabPay Credits are regarded as a stored value facility under Philippines law. The Company, the holder of the GrabPay Credits stored value facility, does not require the approval of the Monetary Authority of Philippines. You are advised to read these terms and conditions carefully.

3. GrabRewards Loyalty Program

Membership

  • By using the Application, you will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by the Company and/or its Affiliates (“GrabRewards Loyalty Programme”).
  • As a member of the GrabRewards Loyalty Programme, you will gain access to the benefits such as e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits as may be offered by the Company and/or third party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”).

Earning Points

  • The Company may, at its sole and absolute discretion, award you points (“Points”) which can be used to redeem for Rewards upon the completion of GrabTaxi qualifying transportation services booked via the Application in Philippines.
  • The Company may at its sole and absolute discretion, issue you 1 Point for every PHP10 that you actually spend on qualifying GrabTaxi transportation services in the Philippines (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying GrabTaxi transportation services are hereby expressly excluded). For instance, if your GrabTaxi ride costs PHP50 and you received a PHP20 discount, the Company, may at its sole and absolute discretion, issue you 3 Points on the PHP30.
  • The Company may, at its sole discretion, issue you 1 point for every PHP10 of the lower bound fare shown at the time when you make your booking for qualifying GrabTaxi transportation services in Philippines (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying GrabTaxi transportation services shall be excluded for Point issuance purposes). For instance, if the estimated fare shown at the time of your booking for your GrabTaxi Ride is between PHP50 and PHP70 and you received a PHP10 discount, the Company may, at its sole and absolute discretion, issue you 4 points for PHP40 being the lower bound fare shown at the time of your booking excluding fare discounts.
  • The Points are calculated on a per transaction basis and rounded up to the nearest whole number if the decimal more or equal to 0.5 Points, and down to the nearest whole number if the decimal is equal or less than 0.5 Points. For instance, if you spent PHP55 on a GrabTaxi ride, the Company, may at its sole and absolute discretion, issue you 6 Points but if you spent PHP53 on a GrabTaxi ride, the Company, may at its sole and absolute discretion issue you 5 Points.
  • For actual spending that results in decimals less than 1 Point, the Company, may at its sole and absolute discretion, issue you 1 Point. For instance, if your GrabTaxi ride costs PHP65 and you received a PHP60 discount, the Company, may at its sole and absolute discretion, issue you 1 Point on the PHP5 that you actually paid.

The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.

Points Validity

  • Points earned:
  1. between 1 January to 30 June in a calendar year are valid until 31 December of that calendar year; and
  2. between 1 July to 31 December in a calendar year are valid until 30 June of the next calendar year.
  • You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. The Company shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion You agree that you will have no claim whatsoever against the Company for any expired Points.
  • Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

Redemption of Rewards

  • If you comply with all these terms and conditions and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of the Company or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
  • You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against the Company for any expired e-vouchers.
  • Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
  • The Company may at its sole and absolute discretion reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.
  • You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.

Membership Tiers

  • The GrabRewards Loyalty Programme offers four (4) membership tiers as follows:
  1. an entry membership tier known as “Member”;
  2. a basic membership tier known as “Silver”;
  3. a mid membership tier known as “Gold”; and
  4. a premier membership tier known as “Platinum”.
  • The number of Points required to upgrade or renew the tiered membership is set out below:
Membership Tier Requisite Points to be earned between 1 January to 30 June or 1 July to 31 December in a calendar year
a.   Member 0
b.   Silver 200
c.   Gold 1000
d.   Platinum 4000
  • Points earned between 1 January to 30 June in a calendar year shall qualify you for the applicable membership tier from 1 July to 31 December of that calendar year.
  • Points earned between 1 July to 31 December in a calendar year shall qualify you for the applicable membership tier from 1 January to 30 June of the next calendar year.
  • Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.
  • The benefits and privileges of each membership tier shall be as set out from time to time in the Application.

Cessation of Membership

  • If you do not wish to be a member of the GrabRewards Loyalty Programme, you may do so by opting out though the Application.
  • You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone.
  • Upon your cessation to be a member of the GrabRewards Loyalty Programme, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
  • Fraud or abuse of redemptions may result in the forfeiture of accumulated Points as well as cancellation of your membership in the GrabRewards Loyalty Programme.

General

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

without prior notice to you and at its sole discretion.

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

4. Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything

necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.

5. Ratings By Third Party Transport Service Providers

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

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

6. License Grant & Restrictions

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

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

7. Intellectual Property Ownership

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

8. Confidentiality

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

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

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

9. Personal Data Protection

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. The Company may also collect device data (such as your IMEI number and the names of the apps you have installed on your device) for the purpose of fraud prevention measures.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):

  • To perform the Company’s obligations in respect of any contract entered with you;
  • To provide you with any services pursuant to the Terms of Use herein;
  • To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
  • Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
  • To validate and/or process payments pursuant to the Terms of Use herein;
  • To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
  • To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
  • To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
  • To respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
  • To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
  • To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

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

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

10. Third Party Interactions

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

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

11. Repair or Cleaning Fees

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

12. Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, (d) your use or misuse of the Service, the Software and/or the Application, or (e) your use or misuse of Rewards or your membership under the GrabRewards Loyalty Programme, including if you commit any fraud or misrepresent any information supplied.

13. Disclaimer of Warranties

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

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

14. Internet Delays

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

15. Limitation of Liability

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

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

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

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

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

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

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

16. Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

17. Assignment

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

18. General

This Agreement shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the 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 the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the 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 the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

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

The Company is a licensee of GrabTaxi Holdings Pte Ltd (Company No. 201316157E and having its registered address at 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) for the Application

Terms of Use for Philippines GrabCar Passengers

Last modified: 22 March 2019

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

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and MYTAXI.PH INC (Company No. CS201303965) (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at http://www.grab.com or through the Application.

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

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

  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device.

The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
  • You shall not contact the third party transportation provider for purposes other than the Service;
  • You will not impair the proper operation of the network;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation provider;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account can be registered on one device;
  • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers;
  • You are aware that when requesting transportation services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

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

  1. Payment
  • You may choose to pay for the transportation services by cash and where available, by credit card and or debit card (“Card”).
  • In the event that you choose to pay for the transportation services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the transportation services.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card or GrabPay Credits balance, in order to verify your payment method via your Card or GrabPay Credits balance. The authorized hold amount will be based on the upper bound fare shown at the time of your booking and may include up to the maximum extra charges (for example, Tolls & Others or Booking Fees, where applicable) permissible on the Application. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card or GrabPay Credits.
  • In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
  • When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing. This will automatically be added to the transportation fee at the end of each journey and given to the third party transportation provider unless you choose to override it with a different tip amount or to remove the tip.
  • Once you have completed a journey using the Service, you are required to make payment in full to the third party transportation provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third party transportation provider directly.
  • The Company reserves the right to suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where the Company reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
  • You shall be responsible to resolve any disputes with your Card company on your own.

GrabPay Credits

    • You may purchase credits (“GrabPay Credits”) which may be used to pay for the transportation services. The maximum amount of GrabPay Credits that you can hold at any time is PHP100,000.00.
    • You may choose to purchase GrabPay Credits through any of the methods as may be made available in the Application from time to time. Selecting a particular payment method means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
    • The Company may at its sole and absolute discretion reject your request to purchase GrabPay Credits for any reason whatsoever, including without limitation, in accordance to balance limits set by Banco Sentral
    • The GrabPay Credits will be valid for one (1) year from the date of their last use. The Company shall have the right to deal with the expired GrabPay Credits in such manner as it deems fit in its absolute discretion.
    • The GrabPay Credits are not redeemable for cash nor are they refundable. They cannot be resold, exchanged or transferred for value.
    • You will not receive interest or other earnings on your GrabPay Credits. The Company may receive interest on amounts that the Company holds on your behalf. You agree to assign your rights to the Company for any interest derived from your GrabPay Credits.
    • You should ensure that you have sufficient GrabPay Credits to pay for the transportation services. If you have insufficient credit balance to pay for the transportation services, you may purchase additional GrabPay Credits so that you may complete your payment for the transportation services.
    • You may check your GrabPay Credits balance in the Application. The GrabPay Credits balance set out in the Application shall serve as a conclusive evidence of your GrabPay Credits balance.
    • As credit purchase may involve credit card transactions through a financial institution, in the event of any error in such transaction which results in chargebacks from the financial institution, the Company reserves the right to clawback the credits (up to the disputed amount) from your GrabPay Credits or by any other way it deems fit in its sole discretion.
    • The Company has the right to forfeit your GrabPay Credits where it reasonably believes that the credit purchase may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

Consumer advisory – the GrabPay Credits are regarded as a stored value facility under Philippines law. The Company, the holder of the GrabPay Credits stored value facility, does not require the approval of the Monetary Authority of Philippines. You are advised to read these terms and conditions carefully.

  1. GrabRewards Loyalty Program

Membership

  • By using the Application, you will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by the Company and/or its Affiliates (“GrabRewards Loyalty Programme”).
  • As a member of the GrabRewards Loyalty Programme, you will gain access to the benefits such as e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits as may be offered by the Company and/or third party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”).

Earning Points

  • The Company may, at its sole and absolute discretion, award you points (“Points”) which can be used to redeem for Rewards upon the completion of GrabCar qualifying transportation services booked via the Application in Philippines.
  • The Company may at its sole and absolute discretion, issue you 1 Point for every PHP10 that you actually spend on qualifying GrabCar transportation services in Philippines (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying GrabCar transportation services are hereby expressly excluded). For instance, if your GrabCar ride costs PHP50 and you received a PHP20 discount, the Company, may at its sole and absolute discretion, issue you 3 Points on the PHP30.
  • 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, the Company, may at its sole and absolute discretion, issue you 6 Points but if you spent PHP53 on a GrabCar ride, the Company, may at its sole and absolute discretion issue you 5 Points.
  • For actual spending that results in decimals less than 1 Point, the Company, may at its sole and absolute discretion, issue you 1 Point. For instance, if your GrabCar ride costs PHP65 and you received a PHP60 discount, the Company, may at its sole and absolute discretion, issue you 1 Point on the PHP5 that you actually paid.

The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.

Points Validity

  • Points earned:
  • between 1 January to 30 June in a calendar year are valid until 31 December of that calendar year; and
  • between 1 July to 31 December in a calendar year are valid until 30 June of the next calendar year.
  • You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. The Company shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion You agree that you will have no claim whatsoever against the Company for any expired Points.
  • Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

Redemption of Rewards

  • If you comply with all these terms and conditions and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of the Company or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
  • You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against the Company for any expired e-vouchers.
  • Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
  • The Company may at its sole and absolute discretion reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.
  • You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.

Membership Tiers

  • The GrabRewards Loyalty Programme offers four (4) membership tiers as follows:
  • an entry membership tier known as “Member”;
  • a basic membership tier known as “Silver”;
  • a mid-tier membership tier known as “Gold”; and
  • a premier membership tier known as “Platinum”.
  • The number of Points required to upgrade or renew the tiered membership is set out below:
Membership Tier Requisite Points to be earned between 1 January to 30 June or 1 July to 31 December in a calendar year
a.   Member 0
b.   Silver 200
c.   Gold 1000
d.   Platinum 4000
  • Points earned between 1 January to 30 June in a calendar year shall qualify you for the applicable membership tier from 1 July to 31 December of that calendar year.
  • Points earned between 1 July to 31 December in a calendar year shall qualify you for the applicable membership tier from 1 January to 30 June of the next calendar year.
  • Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.
  • The benefits and privileges of each membership tier shall be as set out from time to time in the Application.

Cessation of Membership

  • If you do not wish to be a member of the GrabRewards Loyalty Programme, you may do so by opting out though the Application.
  • You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone.
  • Upon your cessation to be a member of the GrabRewards Loyalty Programme, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
  • Fraud or abuse of redemptions may result in the forfeiture of accumulated Points as well as cancellation of your membership in the GrabRewards Loyalty Programme.

General

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

without prior notice to you and at its sole discretion.

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

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.

  1. Ratings by Third Party Transport Service Providers

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

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

  1. Cancellation Fee

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

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

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

  1. License Grant & Restrictions

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

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

  1. Intellectual Property Ownership

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

  1. Confidentiality

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

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

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

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. The Company may also collect device data (such as your IMEI number and the names of the apps you have installed on your device) for the purpose of fraud prevention measures.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):

  • To perform the Company’s obligations in respect of any contract entered with you;
  • To provide you with any services pursuant to the Terms of Use herein;
  • To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
  • Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
  • To validate and/or process payments pursuant to the Terms of Use herein;
  • To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
  • To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
  • To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
  • To respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
  • To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
  • To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

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

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

  1. Third Party Interactions

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

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

  1. Repair or Cleaning Fees

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

  1. Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, (d) your use or misuse of the Service, the Software and/or the Application, or (e) your use or misuse of Rewards or your membership under the GrabRewards Loyalty Programme, including if you commit any fraud or misrepresent any information supplied.

  1. Disclaimer of Warranties

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

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

  1. Internet Delays

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

  1. Limitation of Liability

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

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

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

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

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

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

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

  1. Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

  1. Assignment

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

  1. General

This Agreement shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the 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 the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the 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 the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

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

The Company is a licensee of GrabTaxi Holdings Pte Ltd (Company No. 201316157E and having its registered address at 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) for the Application.

Terms of Use for Philippines Grab Express Customers

Last modified: 16 October 2018

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

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and GrabExpress, Inc (Company No. 201522626) (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the mobile application or website supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at http://www.grab.com or through the Application.

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

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

1.  Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device or appropriate website for your computer. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device.

The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or computer, or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
  • You shall not contact the third party transportation provider for purposes other than the Service;
  • You will not impair the proper operation of the network;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation provider;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account can be registered on one device and one (1) account per computer;
  • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers;
  • You are aware that when requesting transportation services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

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

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

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

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

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

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

You warrant that the parcel does not contain cash, cash equivalent or any valuable parcels valued more than PHP3,000 (Three Thousand Philippine Pesos).

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

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

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

The third party transportation and/or delivery services provider  retains the right to refuse delivery, for example, if the item is not packed well, above 3kg or larger than 32x25x12cm.

2. Payment

  • You may choose to pay for the transportation services by cash and where available, by credit card and or debit card (“Card”).
  • In the event that you choose to pay for the transportation services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the transportation services.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card or GrabPay Credits balance, in order to verify your payment method via your Card or GrabPay Credits balance. The authorized hold amount will be based on the upper bound fare shown at the time of your booking and may include up to the maximum extra charges (for example, Tolls & Others or Booking Fees, where applicable) permissible on the Application. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card or GrabPay Credits.
  • In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
  • When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing. This will automatically be added to the transportation fee at the end of each journey and given to the third party transportation provider unless you choose to override it with a different tip amount or to remove the tip.
  • Once you have completed a journey using the Service, you are required to make payment in full to the third party transportation provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third party transportation provider directly.
  • The Company reserves the right to suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where the Company reasonably believes that the Card has been used for a  transaction that may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
  • You shall be responsible to resolve any disputes with your Card company on your own.
  1. GrabPay Credits
    • You may purchase credits (“GrabPay Credits”) which may be used to pay for the transportation services. The maximum amount of GrabPay Credits that you can hold at any time is PHP100,000.00.
    • You may choose to purchase GrabPay Credits through any of the methods as may be made available in the Application from time to time. Selecting a particular payment method means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
    • The Company may at its sole and absolute discretion reject your request to purchase GrabPay Credits for any reason whatsoever, including without limitation, in accordance to balance limits set by Banco Sentral
    • The GrabPay Credits will be valid for one (1) year from the date of their last use. The Company shall have the right to deal with the expired GrabPay Credits in such manner as it deems fit in its absolute discretion.
    • The GrabPay Credits are not redeemable for cash nor are they refundable. They cannot be resold, exchanged or transferred for value.
    • You will not receive interest or other earnings on your GrabPay Credits. The Company may receive interest on amounts that the Company holds on your behalf. You agree to assign your rights to the Company for any interest derived from your GrabPay Credits.
    • You should ensure that you have sufficient GrabPay Credits to pay for the transportation services. If you have insufficient credit balance to pay for the transportation services, you may purchase additional GrabPay Credits so that you may complete your payment for the transportation services.
    • You may check your GrabPay Credits balance in the Application.
    • As credit purchase may involve credit card transactions through a financial institution, in the event of any error in such transaction which results in chargebacks from the financial institution, the Company reserves the right to clawback the credits (up to the disputed amount) from your GrabPay Credits or by any other way it deems fit in its sole discretion.
    • The Company has the right to forfeit your GrabPay Credits where it reasonably believes that the credit purchase may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

Consumer advisory – the GrabPay Credits are regarded as a stored value facility under Philippines law. The Company, the holder of the GrabPay Credits stored value facility, does not require the approval of the Monetary Authority of Philippines. You are advised to read these terms and conditions carefully.

3. GrabRewards Loyalty Program

Membership

  • By using the Application, you will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by the Company and/or its Affiliates (“GrabRewards Loyalty Programme”).
  • As a member of the GrabRewards Loyalty Programme, you will gain access to the benefits such as e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits as may be offered by the Company and/or third party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”).

Earning Points

  • The Company may, at its sole and absolute discretion, award you points (“Points”) which can be used to redeem for Rewards upon the completion of GrabExpress qualifying transportation services booked via the Application in Philippines.
  • The Company may at its sole and absolute discretion, issue you 1 Point for every PHP10 that you actually spend on qualifying GrabExpress transportation services in Philippines (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying GrabExpress transportation services are hereby expressly excluded). For instance, if your GrabExpress ride costs PHP50 and you received a PHP20 discount, the Company, may at its sole and absolute discretion, issue you 3 Points on the PHP30.
  • 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 GrabExpress ride, the Company, may at its sole and absolute discretion, issue you 6 Points but if you spent PHP53 on a GrabExpress ride, the Company, may at its sole and absolute discretion issue you 5 Points.
  • For actual spending that results in decimals less than 1 Point, the Company, may at its sole and absolute discretion, issue you 1 Point. For instance, if your GrabExpress ride costs PHP65 and you received a PHP60 discount, the Company, may at its sole and absolute discretion, issue you 1 Point on the PHP5 that you actually paid.

The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.

Points Validity

  • Points earned:
  1. between 1 January to 30 June in a calendar year are valid until 31 December of that calendar year; and
  2. between 1 July to 31 December in a calendar year are valid until 30 June of the next calendar year.
  • You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. The Company shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion You agree that you will have no claim whatsoever against the Company for any expired Points.
  • Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

Redemption of Rewards

  • If you comply with all these terms and conditions and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of the Company or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
  • You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against the Company for any expired e-vouchers.
  • Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
  • The Company may at its sole and absolute discretion reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.
  • You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.

Membership Tiers

  • The GrabRewards Loyalty Programme offers four (4) membership tiers as follows:
  1. an entry membership tier known as “Member”;
  2. a basic membership tier known as “Silver”;
  3. a mid membership tier known as “Gold”; and
  4. a premier membership tier known as “Platinum”.
  • The number of Points required to upgrade or renew the tiered membership is set out below:
Membership Tier Requisite Points to be earned between 1 January to 30 June or 1 July to 31 December in a calendar year
a.   Member 0
b.   Silver 200
c.   Gold 1000
d.   Platinum 4000
  • Points earned between 1 January to 30 June in a calendar year shall qualify you for the applicable membership tier from 1 July to 31 December of that calendar year.
  • Points earned between 1 July to 31 December in a calendar year shall qualify you for the applicable membership tier from 1 January to 30 June of the next calendar year.
  • Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.
  • The benefits and privileges of each membership tier shall be as set out from time to time in the Application.

Cessation of Membership

  • If you do not wish to be a member of the GrabRewards Loyalty Programme, you may do so by opting out though the Application.
  • You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone.
  • Upon your cessation to be a member of the GrabRewards Loyalty Programme, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
  • Fraud or abuse of redemptions may result in the forfeiture of accumulated Points as well as cancellation of your membership in the GrabRewards Loyalty Programme.

General

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

without prior notice to you and at its sole discretion.

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

4. Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything

necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.

5. License Grant & Restrictions

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

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

6. Intellectual Property Ownership

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

7. Confidentiality

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

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

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

8. Personal Data Protection

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. The Company may also collect device data (such as your IMEI number and the names of the apps you have installed on your device) for the purpose of fraud prevention measures.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):

  • To perform the Company’s obligations in respect of any contract entered with you;
  • To provide you with any services pursuant to the Terms of Use herein;
  • To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
  • Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
  • To validate and/or process payments pursuant to the Terms of Use herein;
  • To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
  • To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
  • To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
  • To respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
  • To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
  • To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

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

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

9. Third Party Interactions

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

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

10. Repair or Cleaning Fees

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

11. Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, (d) your use or misuse of the Service, the Software and/or the Application, or (e) your use or misuse of Rewards or your membership under the GrabRewards Loyalty Programme, including if you commit any fraud or misrepresent any information supplied.

12. Disclaimer of Warranties

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

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

13. Internet Delays

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

14. Limitation of Liability

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

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

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

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

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

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

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

15. Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

16. Assignment

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

17. General

This Agreement shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the 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 the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the 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 the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

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

The Company is a licensee of GrabTaxi Holdings Pte Ltd (Company No. 201316157E and having its registered address at 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) for the Application.

Terms of Use for Philippine GrabFood Customers

Last Modified: 16 October 2018

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

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and GrabExpress, Inc. (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking food delivery services to certain destinations to be matched with independent third party delivery service providers (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at http://www.grab.com or through the Application.

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

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION, FOOD AND BEVERAGE, COURIER ORDELIVERY SERVICES.

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

IT IS UP TO EACH DELIVERY SERVICE PROVIDER TO OFFER AND PROVIDE FOOD DELIVERY SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH SERVICES. THE MERCHANTS ALSO OPERATE INDEPENDENTLY OF THE COMPANY. THE SERVICE OF THE COMPANY DOES NOT NOR IS IT INTENDED TO PROVIDE FOOD DELIVERYSERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A MERCHANT NOR FOOD DELIVERY PROVIDER. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY DELIVERY SERVICE PROVIDER OR MERCHANT. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE MERCHANT’S FOOD PREPARATION, FOOD HYGIENE AND SAFETY AND THE COMPANY DOES NOT VERIFY ANY MERCHANT’S COMPLIANCE WITH APPLICABLE LAWS OR FOOD HYGIENE AND SAFETY REGULATIONS.

1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you agree that:

  • You will only use the Service for lawful purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
  • You shall not contact the third party transportation and/or delivery services provider for purposes other than the Service;
  • You will not impair the proper operation of the network;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation or delivery services provider;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account can be registered on one device;
  • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers or customers;
  • You are aware that when requesting transportation and/or delivery services by SMS or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis; and
  • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

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

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

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

2. Booking

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

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

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

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

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

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

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

3. Booking Cancellation

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

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

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

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

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

4. Payment

  • You may choose to pay for the food delivery services by cash and where available, by credit card and or debit card (“Card”).
  • In the event that you choose to pay for the food delivery services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the food delivery services.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card or GrabPay Credits balance, in order to verify your payment method via your Card or GrabPay Credits balance. The authorized hold amount will be based on the upper bound fare shown at the time of your booking and may include up to the maximum extra charges (for example, Tolls & Others or Booking Fees, where applicable) permissible on the Application. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card or GrabPay Credits.
  • In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
  • Once you have completed a booking using the Service, you are required to make payment in full to the third party delivery service provider is non-refundable. If you have any complaints in relation to the transportation or food delivery service provided, then that dispute must be taken up with the third party transportation or food delivery service provider directly.
  • The Company reserves the right to suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where the Company reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
  • You shall be responsible to resolve any disputes with your Card company on your own.

5. Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.

6. License Grant & Restrictions

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

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

7. Intellectual Property Ownership

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

8. Confidentiality

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

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

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

9. Personal Data Protection

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. The Company may also collect device data (such as your IMEI number and the names of the apps you have installed on your device) for the purpose of fraud prevention measures.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):

  • To perform the Company’s obligations in respect of any contract entered with you;
  • To provide you with any services pursuant to the Terms of Use herein;
  • To process your participation in any events, promotions, activities, focus groups, research
    studies, contests, promotions, polls, surveys or any productions and to communicate with you
    regarding your attendance thereto;
  • Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
  • To validate and/or process payments pursuant to the Terms of Use herein;
  • To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet
    your needs;
  • To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
  • To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
  • To respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
  • To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
  • To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

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

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

10. Third Party Interactions

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

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

11. Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation and/or delivery services providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation and/or delivery services providers arranged via the Service, or (d) your use or misuse of the Service, the Software and/or the Application or (e) your use or misuse of Rewards or your membership under the GrabRewards Loyalty Programme, including if you commit any fraud or misrepresent any information supplied.

12. Disclaimer of Warranties

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

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

13. Internet Delays

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

14. Limitation of Liability

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

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

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

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

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

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

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

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

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

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

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

15. Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

16. Assignment

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

17. General

11.1. All prices are in Philippine Pesos. VAT is included where indicated.

11.2. We may subcontract any part or parts of the Services or Food that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

11.3. We may alter or vary the Terms and Conditions at any time without notice to you.

11.4. Payment must be made either at the time of ordering the Food Delivery, Food or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.

11.5. Do not use or launch any automated system or program in connection with Grab App or its online ordering functionality.

11.6. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the Grab App for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Grab App with respect to their submissions to the Grab App, or publish or distribute any vouchers or codes in connection with the Grab App.

11.7. The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire Agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Grab App, these Terms and Conditions shall prevail.

11.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

11.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of the Philippines, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Philippine Dispute Resolution Center (“PDRC”), in accordance with the Rules of PDRC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of 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 the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

11.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

11.11. All dealings, correspondence and contacts between us shall be made or conducted in the English or Filipino language.

GRAB FOR BUSINESS TERMS AND CONDITIONS

As of 31 October 2018

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

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

  1. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  1. PROVISION OF SERVICES

2.1 Access to Services.

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

2.2 Grab Policies.

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

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

2.3 Active Account Required.

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

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

2.4 User Account Linking

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

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

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

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

2.5 Responsibility for User Activity.

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

2.6 Restrictions.

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

  1. ACCOUNT ADMINISTRATION

3.1 Grab for Business Portal.

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

3.2 Administration.

Customer may appoint additional Company Admins at its discretion, and Grab

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

  1. PRIVACY AND DATA SECURITY

4.1 Roles of Parties

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

4.2 Data Restrictions.

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

4.3 Security.

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

  1. FEES AND PAYMENTS

5.1 Fees.

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

5.2 Payment Terms.

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

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

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

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

5.3 Nonpayment.

Grab reserves the right to immediately suspend Customer’s account and suspend any or all Customer Billing by all Customer Users in the event of any unpaid Fees by Customer due to past due Monthly Statements (as applicable), an invalid credit on the Customer account, or a rejected transaction. Grab further reserves the right to pursue any and all remedies available to it under applicable law, including reporting Customer to applicable credit reporting agencies, in the event of any unpaid Fees hereunder. Reestablishing a Customer account after full payment of late Fees shall be at Grab’s sole discretion. All late payments shall bear interest at 5% per month or the maximum allowed by applicable law.

  1. TERM AND TERMINATION

6.1 Term.

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

6.2 Termination.

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

  1. WARRANTY AND DISCLAIMER OF LIABILITY

7.1 Mutual Warranties.

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

7.2 Customer Warranties.

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

7.3 Disclaimer of Warranties.

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

  1. LIMITATIONS OF LIABILITY

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

  1. PROPRIETARY RIGHTS.

9.1 No Publicity.

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

9.2 Ownership.

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

  1. GENERAL CONDITIONS

10.1 Governing Law.

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

10.2 Notices.

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

10.3 Force Majeure.

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

10.4 Severability.

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

10.5 Assignment.

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

10.6 Legal Fees.

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

10.7 Headings.

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

10.8 Independent Contractor.

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

Annex 1 – Data Processing Agreement Linking Data

  1. PROCESSING OF LINKING DATA

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

  1. RIGHTS AND OBLIGATIONS OF GRAB

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

  1. RIGHTS AND OBLIGATIONS OF GRAB

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

  1. DATA SECURITY INCIDENTS

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

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

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

  1. SUB-PROCESSORS

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

  1. SURVIVAL

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

  1. RETENTION

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

Annex 2 – Data Sharing Agreement For Portal Data

  1. ROLES AND RESPONSIBILITIES

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

  1. SCOPE

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

  1. LIABILITY

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

  1. PRIORITY

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

Important – Please read these terms and conditions carefully. By using the Service and/or accessing the Platform (as defined below), you agree that you have read, understood, accepted and agreed with (a) the Terms of Use (as defined below) and (b) our Service Rules which set out specific rules and instructions relating to your use of the Personal Mobility Device (as defined below) accessed by you through the Platform. Our Service Rules also include country specific rules applicable to your use of the Personal Mobility Device and the Service (as defined below) offered by the Platform. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use and wish to discontinue using the Service or the Platform, please do not continue using or accessing the Platform or the Service.

The Terms of Use and our Service Rules as stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and GrabBike, Inc. (the “Company”). In order to use the Service or the Platform, you must agree to the Terms of Use that are set out below. By using the mobile Platform supplied to you by the Company (the “Platform”), and downloading, installing or using any associated software supplied by the Company (the “Software”) which overall purpose is to enable persons seeking to use personal mobility devices (including but not limited to scooters) (each a “Personal Mobility Device”) for transportation purposes to be matched with and to rent a Personal Mobility Device through the Platform (the “Service”), or registering an account for such Services, you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at http://www.grab.com/ph/terms/ or through the Platform.

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

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER.

SERVICE RULES FOR GRABWHEELS RIDERS IN PHILIPPINES

Updated: 20 March 2019

Unless otherwise defined, capitalized terms shall bear the same meanings assigned to them in the Terms of Use for GrabWheels..

  1. Safety checks before the ride

Before using any Personal Mobility Device (“PMD”), you must verify the safe operation of the PMD and satisfy yourself that you are able to operate the PMD.

The safety checks to conduct include, without limitation:

(a) Effectiveness and functionality of the electric brakes and mechanical brakes;

(b) Fit and flexibility of the handle bar;

(c) Ensure that the headlights are working. Headlights must be turned on during the hours of darkness;
(d) Effectiveness and functionality of throttle (or accelerate) button;

(e) All light reflectors are in good working condition;
(f) Ensuring that the PM bell is working;

(g) Ensuring that mudguards are attached properly to avoid dirt and mud from hindering control of the PMD;

(h) Ensuring that the PMD is free from any discernible defect that may affect the safe operation of the PMD; and

(i) Ensuring that the PMD is suitable for a person of your height, weight and build.

DO NOT USE THE PMD if it does not satisfy any of the above requirements or is otherwise unsafe for operation. You agree to waive any liability that may be caused to you by continuing to use the PMD despite the above.

In such event, you must also immediately notify us via the Platform of (i) the registration number of the PMD in question; and (ii) the safety issues associated with that PMD.

  1. Conduct during the ride

    It is your responsibility to ensure that you use, ride and operate the PMD safely at all times. When using, riding or operating any PMD, you are to comply with the following:

    (a) Obey all applicable laws and regulations (including those related to traffic, road safety and parking);

(b) Do not ride on expressways and roads;

(c) Wear all necessary safety gear (helmet, protective pads and proper shoes) to mitigate the risk of personal injury;

(d) Do not use any mobile phone devices while riding any PMD;

(e) Do not operate any PMD under the influence of alcohol, drugs, medication or other substances that may impair the safe operation of the PMD;

(f) You must be below 100kg in weight in order to operate the PMD;

(g) Do not carry any excessive weight (e.g. briefcases, backpacks, bags and/or other items) if doing so poses a challenge to your safe operation of the PMD;

(h) The PMD is designed to carry only one rider. Do not allow any other person (of any age or size) to be carried on the PMD at any time;

(i) Stop and look out for vehicles and pedestrians at crossings before resuming your journey;

(j) Do not cause nuisance, inconvenience or distress to other users including pedestrians;

(k) Wear light coloured clothes to ensure that other users are able to identify you easily. Inclement or night weather conditions may hamper other users’ ability to see you, and increases the risk of an accident;

(l) Do not use any PMD in inclement weather;

(m) You must only use the PMD in Philippines and its authorized operating areas. You will not transfer, or caused to be transferred, the PMD to any location outside Philippines; and

(n) Exercise due care and reasonable judgment in the usage of the PMD.

  1. Parking of PMD

Areas designated for parking of PMDs are identified by the presence of the GrabWheels logo on floor stickers and can be located in the app map screen.

It is your responsibility to park the PMD in an orderly fashion, and only in designated parking spots so that other users can also enjoy the use of the PMD.

Do not park (or leave unattended or abandon) any PMD in any area, space or manner that may contravene any applicable laws and/or regulations.

Do not park (or leave unattended or abandon) any PMD:

(a) in any private spaces (e.g. within condominiums, private properties, etc) and any public restricted areas;

(b) on public footways and public roads;

(c) in a manner that obstruct entrances, exits, roads, paths, carparks or parking lots of any property, national parks, nature reserves and public parks;

(d) in any common area of a housing estate which is not designated for the parking of PMDs, or in a manner that obstructs the use of the common area; or

(e) in any part of a subway or train station which is not designated for the parking of PMDs.

The PMD must be returned to and parked at a designated parking lot before the PMD battery runs out.

When parking the PMD, ensure that the kick-stand is flipped down.

If you park (or leave unattended or abandon) the PMD at a location other than a designated parking spot, you agree to pay a service charge/penalty.

  1. Maximum usage time

The maximum continuous rental time allowed of any PMD is two (2) hours, after which the Company reserves the right to lock and retrieve the PMD and impose a retrieval fee (in addition to PMD rental fees).

If the Company is unable to retrieve or locate the PMD within 24 hours after you had last unlocked it, the PMD will be deemed lost or stolen and a police report may be filed against you.

  1. Responsibility for PMD

Do not allow any other person to use a PMD which has been unlocked by you.

Use the PMD in a reasonable manner. Do not damage or restrict other users’ enjoyment of the PMD, which may include damaging or destroying the PMD, hiding the PMD from public view, or tampering with the PMD in a manner that restricts other users’ use (e.g. adding another lock to the PMD).

If the PMD is found to be damaged, lost or missing, you may be liable to pay certain costs and fees associated with repair, replacement, retrieval and/or cleaning of the PMD. You may be liable to pay the full replacement cost of the PMD (being PhP 40,000 or such other amount as the Company may stipulate from time to time).

You are responsible to pay any applicable fines, penalties or other fees which may be imposed by local authorities from time to time, arising out of your use of the PMD.

  1. Reporting of incidents

You are required to contact the Company and file a police report immediately in the event of theft of the PMD or an accident that occurred during your use of the PMD resulting in bodily injury.

  1. Deposit

A security deposit may be required as part of the registration process before using any PMD. It shall be paid by credit card, debit card and/or GrabPay Credits (as available) or where available by such other methods as are made available in the Platform at the rate shown in the Platform.

The security deposit may be applied towards the payment of any outstanding amounts owing from you to the Company arising from your use of the Service (including non-compliance with these Service Rules).

  1. Suspension/Ban

Any user who is in breach of any of these Service Rules may be suspended or banned from using the Service and Platform.

 

Terms of Use for Philippine GrabWheels Riders

Updated: 20 March 2019

  1. Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever or lack the capacity to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Platform and/or the Software with an incompatible or unauthorized device or for purposes other than the purposes for which the Software and/or the Platform is intended to be used.

By using the Software or the Platform, you agree that:

    • You will only use the Service for lawful purposes;
    • You will only use the Service for the purpose for which it is intended to be used;
    • You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;
    • You will not use the Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
    • You will not use the Service, the Platform and/or the Software for purposes other than obtaining the Service;
    • You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Service except for your personal, noncommercial use;
  • You will not copy any content displayed through the Service and/or the Platform, for republication in any format or media;
  • You will not try to harm the Service, the Platform and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Platform for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account can be registered on one device;
  • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You will only use an access point or data account which you are authorized to use;
  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing users;
  • You are aware that when requesting the Services by SMS (Short Message Service) or use of the Service, standard telecommunication charges will apply;
  • You shall not impair or circumvent the proper operation of the network which the Service operates on;
  • You agree that the Service is provided on a reasonable effort basis;
  • Your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time; and
  • As the rider, you are in sole and full control of the Personal Mobility Device. Consequently, you represent to the Company and undertake that you have the physical and mental ability, skill and experience to handle the Personal Mobility Device in a safe, responsible and lawful manner and that you shall abide by the Service Rules.

You agree to assume full responsibility and liability for all loss or damage (“Losses”) suffered by yourself, the Company or any third party as a result of any breach of the Terms of Use, including but not limited to loss or damage associated with lost/damaged Personal Mobility Devices and fines or penalties imposed as a result of breach of the Service Rules.

  1. Fees and Payment

Fees (such as but not limited to subscription plan/pass fees, per-ride fees and time-based fees) for your use of the Service shall be as published and updated from time to time through the Platform.

You shall pay for the delivery bookings by cashless method(s) such as but not limited to credit card or debit card, by GrabPay Credits or where available by such other methods as are made available in the Platform.

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

You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.

We may recover Losses as monies owed to us by charging your credit card, debit card or GrabPay Credits associated with your user account, without your further consent.

  1. GrabRewards Loyalty Programme

By using the Platform, you will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by the Company and/or its Affiliates.

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

  1. Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.

  1. License Grant & Restrictions

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

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform and/or the Software in any way; (ii) modify or make derivative works based on the Platform and/or the Software; (iii) create internet “links” to the Platform or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Platform and/or the Software, or (c) copy any ideas, features, functions or graphics of the Platform and/or the Software; (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform and/or the Software; (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Platform only for your personal, non-commercial purposes and shall not use the Software and/or the Platform to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Platform or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Platform or its related systems or networks; (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (vii) engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

  1. Intellectual Property Ownership

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

  1. Confidentiality

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

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

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

You agree and consent to the Company collecting, using, disclosing and processing your Personal Data for the Purposes and in the manner as identified hereunder, and as further described in our Privacy Policy.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company by any means and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. The Company may also collect device data (such as your IMEI number and the names of the apps you have installed on your device) for the purpose of fraud prevention measures.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Platform may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

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

  • to perform the Company’s obligations in respect of any contract entered with you;
  • to provide you with any services pursuant to the Terms of Use herein;
  • process, manage or verify your application for the Service pursuant to the Terms of Use herein;
  • to validate and/or process payments pursuant to the Terms of Use herein;
  • to process any refunds, rebates and or charges pursuant to the Terms of Use herein;
  • to facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
  • to develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
  • for internal administrative purposes, such as auditing, data analysis, database records;
  • for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Philippines or overseas);
  • for the Company to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Philippines or overseas including disclosing such Personal Data to Philippine and overseas law enforcement agencies or courts);
  • to respond to questions, comments and feedback from you; and
  • in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data.

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

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

If you do not consent to the Company processing your Personal Data for any of the Marketing Purposes, please notify the Company at the following email address: dataprotection@grab.com

If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications for Marketing Purposes, please update your details by sending your request to the support contact details at the following email address: dataprotection@grab.com

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

The Company is committed to full compliance with the provisions of the Personal Data Protection Act 2012 and has appointed a Personal Data Protection Officer for these purposes. Such officer may be communicated with in writing at the above email address.

  1. Third Party Interactions

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

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

  1. Repair and Other Costs and Fees

You shall be responsible for the following costs and fees in relation to the Personal Mobility Device as a result of your misuse of the Service or breach of the Terms of Use herein:

  • repair costs;
  • replacement costs;
  • costs to retrieve lost/missing Personal Mobility Device; and
  • cleaning fees.

The Company may recover such costs and fees as monies owed to it via your designated payment method or demand the same from you in cash.

  1. Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Software and/or the Platform in your dealings with third party, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, or (d) your use or misuse of the Service, the Software and/or the Platform.

  1. Disclaimer of Warranties

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

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

  1. Internet Delays

THE SERVICE, THE PLATFORM 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 BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

  1. Limitation of Liability

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

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

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

  1. Notice

The Company may give notice by means of a general notice on the Platform, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Platform.

  1. Assignment

This Agreement as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

  1. General

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

Unresolved disputes shall be referred to the Philippine Dispute Resolution Center (“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 the Company (the “Arbitrator”). If you and the Company are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of PDRC in accordance with the Rules.

The seat and venue of the arbitration shall be Philippines, in the English language and the fees of the Arbitrator shall be borne equally by you and the Company, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

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

The Company is a licensee of GrabTaxi Holdings Pte Ltd (Company No. 201316157E and having its registered address at 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) for the Platform.

Terms of Use for GrabPay Users in the Philippines

Last modified: 11 June 2019

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

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you (the “User”) and GPAY NETWORK (P) INC. (the “Company”). The rights and obligations in these Terms of Use succeed to those rights and obligations relating to the Service previously entered into between Users and affiliated companies of the Company, and your continued use of this service constitutes your agreement to the migration of any GrabPay Credits held in the MyTaxi.PH, Inc. stored value facility, to the GrabPay Wallet (as defined below) operated by the Company. Users who do not wish to migrate their GrabPay Credits to the Company are invited to contact MyTaxi.PH, Inc. at the following messaging email: https://help.grab.com/passenger/en-ph to arrange the closure of their account.

By using the Grab mobile application supplied to you by the Company’s affiliated company/ies (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking to establish an account with the Company and use the GrabPay Wallet (the “GrabPay Wallet” and generally, the “Service”), you hereby expressly acknowledge and agree to be bound by these Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time at https://www.grab.com or through the Application, and your continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Terms of Use. Notwithstanding the foregoing, the Company will provide ten (10) business days’ notice of any changes, which the Company in its reasonable discretion deem material, to these Terms of Use following which your continued use of the Service will be deemed to confirm your acceptance of such changes.

1. Use of the GrabPay Wallet

  • Type of payments that can be made with the GrabPay Wallet:
    The GrabPay Wallet may be used for the sale and purchase of goods and services from all transportation providers, merchants and agents lawfully offering GrabPay as a payment solution, PROVIDED HOWEVER that no payments in violation of the provisions of these Terms of Use, including the Acceptable Use Policy (below) shall be permitted.
  • Applicable Fees and Charges:
    There shall be no charges levied by the Company on usage of the GrabPay Wallet other than as agreed with you in writing (such as by way of merchant fees addendum).
  • User Transaction Statement:
    A full statement of user’s transactions may be downloaded from the following website: https://www/grab.com/ph/
  • Fraudulent activity or stolen e-money:
    You agree to immediately notify the Company by visiting our Help Centre: https://help.grab.com/passenger/en-ph/ or by calling on the following Customer Service number Tel: +63 (0)2-8837100 of any fraudulent activity or theft of funds in the GrabPay Wallet of which you become aware.
  • The Company has the right to suspend, or later reverse, the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

2. Funding Methods for use of the Service

  • Users may choose to add any credit cards or such other methods of making payment into the GrabPay Wallet as are made available in the Application (each a “Funding Source”) to either make payments directly via the wallet, or to purchase GrabPay Credits (as defined below).
  • You agree that we may verify and authorize the Funding Source details when you first register the Funding Source with us as well as when you use the Service.
  • In the case of debit or credit cards as Funding Sources, you agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order to verify your payment method via your card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card.
  • In the event your payment through the GrabPay Wallet using a debit or credit card as your Funding Source is processed overseas, you will be liable for any additional charges levied by your card issuer in relation thereto.
  • When you make or receive a payment, you are liable to the Company for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason including but not limited to claims, chargebacks, or if there is a reversal of the payment. You agree to allow the Company to determine (or in the case where a debit or credit card is used as the Funding Source, to work with your debit or credit card issuer) to determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to the Company by debiting your GrabPay Wallet.
  • You shall be responsible to resolve any disputes with your debit or credit card company on your own.

3. GrabPay Credits

  • You may purchase credits for the GrabPay Wallet (“GrabPay Credits”) via a Funding Source.
  • Unless agreed by the Company in writing, the maximum amount of GrabPay Credits that a user of the Restricted GrabPay Wallet may load to the wallet in any given month shall be PHP10,000, and to the Standard GrabPay Wallet shall be PHP100,000.
  • If you purchase GrabPay Credits via any Funding Source, you are deemed to have agreed to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by your debit or credit card issuer for the payment method you have selected.
  • The Company will reject your request to purchase GrabPay Credits or reject a payment transaction, or refund a payment or other transaction, where your proposed GrabPay Credits purchase would cause the aggregate applicable loading limit to the GrabPay Wallet, to exceed any value permitted under the prevailing laws and regulations and/or these Terms of Use.
  • All GrabPay Credits will only be valid for one (1) year from the date of your last purchase or spend, whichever the later. The expiry date set out in the Application shall serve as conclusive evidence of the expiry date of your GrabPay Credits. The Company shall have the right to deal with the expired GrabPay Credits in such manner as it deems fit in its absolute discretion including such GrabPay Credits being forfeited.
  • GrabPay Credits is not a depository account and does not earn interest or other earnings. It is not covered by the Philippine Deposit Insurance Corporation (“PDIC”).
  • You may check your GrabPay Credits balance in the Application. The GrabPay Credits balance set out in the Application shall serve as a conclusive evidence of your GrabPay Credits balance.
  • As GrabPay Wallet purchases may involve credit card transactions through a financial institution, in the event of any error in such transaction which results in chargebacks from the financial institution, the Company reserves the right to clawback the amount (up to the disputed amount) from your GrabPay Credits or by any other way it deems fit in its sole discretion.
  • The Company has the right to forfeit your GrabPay Credits where it reasonably believes that your use of the Service may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

4. Withdrawal and Transfer of GrabPay Credits

  • The GrabPay Credits for the GrabPay Wallet may be withdrawn to your designated bank account or such other cash out channels as are available.
  • You may transfer GrabPay Credits to, and receive GrabPay Credits from, other GrabPay Wallet users.
  • The GrabPay Credits may be withdrawn at participating Mastercard compatible ATMs in accordance with Section 22.

5. Establishing your Identity

  • The Company is required to comply with all applicable laws, regulations, notices and guidelines issued by the relevant government and regulatory authority, including Bangko Sentral ng Pilipinas (BSP) Circular No. 649, the Philippine Anti-Money Laundering Act of 2001, as amended, and the Terrorism Financing Prevention and Suppression Act of 2012.
  • Pursuant to such applicable laws, regulations, notices and guidelines, users of the GrabPay Wallet may be required to provide to the Company such data to allow the Company to establish and verify their identity (together with, in the case of corporate account, the identity of the beneficial owners, directors or individuals with executive authority, and individuals authorised to operate the account) both at the time of opening the GrabPay Wallet account, at periodic intervals after opening the account, and on ongoing basis.
  • You hereby acknowledge and agree that the Company may collect such data on request, and use, disclose, share and process such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure the adherence of the Company and the user to the applicable laws, regulations, notices and guidelines, together with sharing such data internally with its affiliates and with third-party outsourcees (both in the Philippines and overseas), as well as in relation to transfers and reporting of such data and your transactions to BSP, and such other government or regulatory authority as the Company may deem appropriate or as may be required under any applicable laws, regulations, notices and guidelines. You hereby acknowledge and agree that the data collected shall be stored for as long as reasonably necessary to comply with the requirements of the BSP, and such other government or regulatory authority as the Company may deem appropriate or as may be required under any applicable laws, regulations, notices and guidelines.
  • You agree that you will cooperate in relation to any anti-money laundering and countering terrorism financing screening that is required and to assist the Company in complying with any applicable laws, regulations, notices and guidelines in place. If you have any difficulties in relation to your completion of the process to establish and verify your identity, please contact GrabPay at the telephone or email address contained in Section 16.

6. Representations and Warranties

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

7. Acceptable Use Policy

  • You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any third party as a result of any breach of the Terms of Use.
  • You agree not to use the Service in such a manner that you violate any law, statute, ordinance or regulation.
  • Save as permitted by the Company but subject always to applicable laws and regulations, you agree not to perform transactions using the GrabPay Wallet involving:
    • Adult media depicting or related to illegal activity such as child pornography, rape, incest, etc.
    • Airlines of all kind including but not limited to regular commercial airlines, low-cost carriers, charter and flight tour operators, private jets and helicopter taxi.
    • Alcoholic products and beverages.
    • Any goods or services promoting hate, violence, harm or intolerance in any form.
    • Any goods or services subject to UN Security Council’s sanctions.
    • Automotive sales (new and used motor vehicles of any kind).
    • certain credit repair, debt settlement services, credit transactions or insurance activities;
    • Branded, trademarked or copyrighted goods of any kind unless the seller is the intellectual property / copyright holder or licensee.
    • Circumvention services, devices or software used to circumvent the law or remove copyright protections.
    • Computer technical support and IT help desks.
    • Crowd sourcing and crowd financing businesses, lending clubs, offering equity or rewards of any kind.
    • Cryptocurrency, Bitcoin, online currency, gaming coins, online gold and similar virtual assets.
    • Deceptive business practices such as Ponzi / pyramid schemes, multi-level marketing, guaranteed results, investment or trading courses and services.
    • Essay mills, paper mills and homework services.
    • Event organizers, sale/resale of tickets, event planning and related services.
    • File sharing and related services.
    • Financial services of any kind, such as lending, micro lending, investment schemes, escrow, collection agencies, bail bond services, debt collectors, credit aggregation, consolidation services, credit card protection and similar services.
    • Flammable, explosive, pyrotechnic, toxic and hazardous materials including but not limited to fireworks, explosives, radioactive materials and substances, gunpowder.
    • Foreign government entities including but not limited to embassies and consulates.
    • Fortune tellers, astrology, card reading, tarot, hypnosis and similar services.
    • gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes;
    • Government, law enforcement and military issued items including but not limited to uniforms, badges, decorations, unless historical and/or clearly not genuine or official (e.g. toys).
    • Healthcare, pharmaceuticals, supplements, nutritional products of any kind, medical supplies of any kind.
    • Hotels and accommodation services of any kind (such as hostels, apartments, serviced apartments, motels, resorts, villas).
    • Human parts of any kind, including but not limited to organs, body parts, human remains, body fluids, stem cells, embryos.
    • Illegal drugs, tobacco or health products. Substances designed to mimic the effects thereof. Related accessories and products used to create or consume them such as bongs, hookahs and similar devices.
    • Items that encourage, promote, facilitate or instruct others to engage in illegal activity;
    • Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of the Philippines or any jurisdiction;
    • Jewelry, gems, stones and precious metals.
    • Legal and tax consultancy, bankruptcy and any similar services.
    • Money service businesses such as remittance (other than those legitimate remittance funding sources prescribed under the Application), transfer, money orders, prepaid gift cards, stored value facilities, quasi-cash, foreign exchange of currencies and similar services.
    • Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
    • No-value-added services of any kind, including but not limited to resale of government offerings without authorization or added value, services that are unfair, deceptive, or predatory towards consumers.
    • Offering or receiving payments for the purpose of bribery or corruption; or
    • Oil and gas, petroleum and derived products.
    • Political, religious, spiritual, charitable and non-profit organizations of any kind.
    • Prepaid phone cards, phone services, and cell phones.
    • Private medical practices and e-doctors.
    • Products of wildlife trafficking, illegal hunting and poaching of endangered species such as marine mammals, shark fins, rhino horns, ivory, deer musk, bear bile, tiger penis, and any similar products.
    • Property sharing, timeshares, house-swapping, sub-letting, bed & breakfast and similar businesses.
    • Sale of animals or pets of any kind.
    • Sale of social media activity, click farms including but not limited to sale of Facebook likes, Twitter followers, YouTube views.
    • Sexually oriented materials or services.
    • Spas, relaxation and massage services.
    • Stolen goods including unlawfully acquired or copied digital and virtual goods.
    • Subscriptions, memberships, free trials and any similar business models where a purchase is conditioned by a subscription.
    • The personal information of third parties in violation of Philippine law.
    • The sale of traveler’s cheques or money orders.
    • The sales of products or services identified by Philippine government agencies to have a high likelihood of being fraudulent or to be being transacted by the user in violation of Philippine law.
    • Tobacco products, cigarettes, cigars, electronic cigarettes and related products (such as spare parts and recharges).
    • Unlicensed travel agents.
    • Weapons of any kind including firearms, ammunition, knives, nunchakus and related products, parts or accessories thereof. Weapons or knives regulated under Philippine law. Toys, gift and replicas of any kind resembling closely any of such items.

8. Taxes

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

9. License Grant & Restrictions

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

10. Intellectual Property Ownership

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

11. Data Privacy & Personal Data Protection Policy

  • You agree and consent to the Company collecting, using, disclosing, storing, sharing and processing your Personal Data for the Purposes and in the manner as identified hereunder.
  • For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company by any means and/or any information about you that has been or may be collected, stored, used, shared and processed by the Company.
  • The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
  • The Company may collect, use, disclose, store, share and process your Personal Data for legitimate business purposes and activities of the Company which shall include, without limitation the following (the “Purposes”):
    • to perform the Company’s obligations in respect of any contract entered with you;
    • to provide you with any services pursuant to the Terms of Use herein;
    • process, manage or verify your application for the Service pursuant to the Terms of Use herein;
    • to validate and/or process payments pursuant to the Terms of Use herein;
    • to process any refunds, rebates and or charges pursuant to the Terms of Use herein;
    • to facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
    • to develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
    • for internal administrative purposes, such as auditing, data analysis, database records;
    • for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in the Philippines or overseas);
    • for the Company to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in the Philippines or overseas including disclosing such Personal Data to the Philippines and overseas law enforcement agencies or courts);
    • to respond to questions, comments and feedback from you;
    • in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data,

provided that in the event your data is shared with an external third party, such third party shall be contractually obliged to provide no less protection for that data than the Company.

  • In addition to the above, the Company may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):
    • to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
    • to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
    • to notify and invite you to events or activities organized by the Company, its partners, advertisers, and or sponsors; and/or
    • to share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
  • If you do not consent to the Company processing your Personal Data for any of the Marketing Purposes, please notify the Company at the following email address: https://help.grab.com/passenger/en-ph
  • If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications for Marketing Purposes, please update your details by sending your request to the support contact details at the following email address: https://help.grab.com/passenger/en-ph
  • The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
  • You agree and consent to allow the Company to transfer your Personal Data to its affiliates and outsourcees (whether in the Philippines or overseas) for the purpose of the use of such data in the operations of the GrabPay Wallet stored value facility that are provided to the Company by such affiliates or outsourcees.
  • The Company is committed to full compliance with the provisions of the Data Privacy Act of 2012 and has appointed a Personal Data Protection Officer for these purposes. Such officer may be communicated with in writing at the above email address.

12. Third Party Interactions

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

13. Indemnification

  • By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
    • your use of the Service, the Software and/or the Application in your dealings with the third-party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors;
    • your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein;
    • your violation of any rights of any third party;
    • your misuse of the Service, the Software and/or the Application.

14. Limitation of Liability

  • The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, the Application and/or the Software.
  • The Company does not represent or warrant that:
    • The use of the Service, the Application and/or the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
    • The Service and/or Rewards will meet your requirements or expectations;
    • Any stored data will be accurate or reliable;
    • The quality of any products, services, information, rewards or another material purchased or obtained by you through the Application will meet your requirements or expectations;
    • Errors or defects in the Application and/or the Software will be corrected; or
    • The Application or the Server that make the application available are free of viruses or other harmful components.
  • While the Company does not represent or warrant that the use of the Service, the Application and/or the Software is secure, it shall provide and maintain organizational, physical, and security measures which are up-to-date and compliant with industry standards and the requirements of any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority.
  • The Service and Rewards are provided to you strictly on an “as is” basis.
  • All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under Philippines law.
  • The Service, the Application and/or the Software may be subject to limitations, delays and other problems inherent in the use the internet and electronic communications including the device used by you or other GrabPay Wallet users being faulty, not connected, out of range of mobile signals or functioning incorrectly. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
  • To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with you use of the Service, the Application and/or the Software.

15. Termination

  • Either the Company or you may terminate this Agreement on one month’s notice in writing to the other.
  • You hereby agree that this Agreement shall terminate immediately in the event that you are:
    • declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration; or
    • found in default of your debt obligations to a licensed bank by a Philippine court;
  • In the event of any of the above, the Company reserves the right to deal with any such trustee, executive or representative of the Philippine courts as in its sole discretion is considers appropriate in relation to the administration of any outstanding balance of Credits in the GrabPay Wallet.
  • You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement.
  • Any outstanding amounts in the GrabPay Wallet will be paid to you by the Company.

16. Complaints about use of the Service

  • Users are invited to contact the Company in the first instance in the event they wish to make a complaint about the use of the Service either via the following Customer Service line: Tel: +63 (0)2-8837100 or via the following messaging service: https://help.grab.com/passenger/en-ph
  • You agree to raise any complaints and disputes about incorrect Service within one month of the transaction for payment of goods and services or within seven days of the person to person transfer of GrabPay Credits, or of you becoming aware of the fraudulent usage of the GrabPay Wallet, whichever is earlier.
  • Users are also notified of their right to raise issues with Bangko Sentral ng Pilipinas via the following contact points: Direct Line: (632)708-7087 Facsimile: (632) 708-7088 E-mail Address: consumeraffairs@bsp.gov.ph

17. Notices

  • The Company may give notice by means of a general notice on the Application, or by electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email).
  • You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

18. Assignment

  • This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company.
  • Any purported assignment by you in violation of this section shall be void.

19. General

  • This Agreement shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Philippines Dispute Resolution Center Inc. (“PDRC”), in accordance with the Rules of the PDRC as in force at the time of the commencement of the arbitration (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the 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 the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
  • No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Use or use of the Service.
  • If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
  • The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
  • The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

20. GrabPay Prepaid MasterCard

  • Users of the GrabPay Wallet who have completed the appropriate identity checks under Section 5 are entitled to register for a prepaid Mastercard linked to their GrabPay Wallet (“GrabPay Card”), via the Application. The Company is licensed by MasterCard to issue the GrabPay Card, allowing users to make transactions using their GrabPay balance online and offline at Mastercard’s merchants or retail points worldwide and/or Overseas GrabPay Wallet(s) (as defined below), and where applicable to withdraw cash from ATMs locally and overseas (“GrabPay Card Services”).
  • The use of the GrabPay Card and GrabPay Card Services shall be in accordance with these Terms of Use. The Company reserves the right to enhance, modify or cancel any features and benefits of the GrabPay Card without prior notice.
  • You may apply for the virtual and/or physical GrabPay Card via the Application. You may be required to produce appropriate photo identification documents for the registration and the Company may request any additional information where necessary. The Company may at its sole and absolute discretion accept or reject any registration for the GrabPay Card. The fees, exchange rates, charges, commissions, or such other costs applicable for the registration of the GrabPay Card and use of the GrabPay Card Services, shall be notified to you at any time via the Application or otherwise in accordance with Section 17.
  • In addition to the virtual GrabPay Card provided within the Application, you may order a physical GrabPay Card which will be delivered to you by post. Upon receipt of the physical GrabPay Card, you are required to activate it in the Application without delay and to sign the signature panel where applicable. If your physical GrabPay Card is damaged or defaced, you may apply for a replacement or new GrabPay Card subject to payment of the applicable fee.
  • The GrabPay Card issued shall be valid for the period stipulated on the face of your GrabPay Card, which may be subject to automatic renewal, reissuance, suspension, termination or reactivation by the Company with applicable charges or waivers thereof. Termination of the GrabPay Wallet account will automatically terminate the GrabPay Card. During the validity period, you may at any time deactivate, suspend or terminate your GrabPay Card via the Application or by calling the GrabPay Card helpline number Tel: +63 (0)2-8837100.
  • The GrabPay Card issued to you shall be attached to the balance of your GrabPay Wallet. The GrabPay Card may also be linked to other GrabPay Wallet(s) you hold and which are governed under the GrabPay Terms of Use of the respective country (“Overseas GrabPay Wallet”).
  • The GrabPay Card may be used for transactions at MasterCard’s merchants or retail points worldwide in both Philippines Peso and foreign currency auto-deducted from the available balance in your GrabPay Wallet. Any GrabPay Card transaction made in a currency in which you hold an Overseas GrabPay Wallet shall be directed to such Overseas GrabPay Wallet for settlement. In the event of insufficient balance in the relevant Overseas GrabPay Wallet the full amount shall then be settled in Philippines Peso at a dynamic exchange rate prescribed by the Company.
  • The maximum balance and spend limit of the GrabPay Card shall be in accordance with the maximum amount of GrabPay Credits that a user of the GrabPay Wallet can hold at any time. You may further set limits on your transactions via the Application.
  • The GrabPay Card may not be added as a funding source to any other GrabPay Wallet whether in the Philippines or overseas.
  • No GrabPay Card transaction shall be permitted which would cause the users to hold zero or a negative balance in their GrabPay Wallet. If there are insufficient funds held in the GrabPay Wallet to pay for a transaction, the GrabPay Card transaction will be declined. You are solely responsible for determining the balance held and for ensuring you have sufficient funds for all GrabPay Card transactions.
  • The physical GrabPay Card may be enabled with withdrawal function used for local and/or overseas ATM withdrawal where Mastercard is accepted. Applicable withdrawal charges may apply.
  • The GrabPay Card shall be enabled with a security system by the Company and the Mastercard including 3DS, dynamic CVV capability, and Chip & PIN requirements. You shall be solely responsible to ensure safeguard, security, and shall not allow unauthorised persons to use your GrabPay Card. The Company reserves the right to block or restrict any transactions that is deemed high risk or suspicious and the right to suspend or terminate the GrabPay Card.

Mga Tuntunin ng Paggamit para sa mga Gumagamit ng GrabPay sa Pilipinas

Marso 15, 2019

Mahalaga – Basahing mabuti ang mga tuntuning nakalahad. Sa paggamit ng Serbisyo (na inilalarawan sa ibaba), sumasang-ayon ka na ang mga Tuntunin ng Paggamit ay iyong nabasa, naunawaan at tinatanggap at sumasang-ayon ka sa mga Tuntunin ng Paggamit na ito. Sumasang-ayon ka rin sa mga representasyong inilahad mo sa ibaba. Kung hindi ka sumasang-ayon sa mga Tuntunin ng Paggamit ng Serbisyo, mangyaring itigil ang paggamit ng Aplikasyon (may kahulugan sa ibaba) o ng Serbisyo.

Ang mga Tuntunin ng Paggamit na nakalahad dito (panlahatan, ang mga “Tuntunin ng Paggamit” o ang “Kasunduan”) ay bumubuo ng legal na kasunduan sa pagitan mo (ang “Gumagamit”) at ng GPAY NETWORK PH INC. (ang “Kumpanya”). Ang mga karapatan at pananagutan sa ilalim ng Tuntunin ng Paggamit ay hahalili sa mga karapatan at pananagutan na may kaugnayan sa Serbisyong naunang napagkasunduan sa pagitan ng mga Gumagamit at mga kaanib na kumpanya ng Kumpanya, at ang iyong patuloy na paggamit ng serbisyong ito ay nangangahulugan ng iyong pagtanggap na lahat ng GrabPay Credits na nilalaman ng MyTaxi.PH, Inc. stored value facility ay ililipat sa GrabPay Wallet (may kahulugan sa ibaba) na pinapamahalaan ng Kumpanya. Ang mga Gumagamit na hindi nais ilipat ang kanilang GrabPay Credits sa Kumpanya ay inaanyayahang magbigay alam sa MyTaxi.PH, Inc. sa sumusunod na email address: https://help.grab.com/passenger/en-ph upang maiayos ang pagsasara ng kanilang account sa GrabPay Credits.

Sa paggamit ng Grab mobile Aplikasyon, na itinustos sa iyo ng mga kaanib na kumpanya ng Kumpanya (ang “Aplikasyon”), at ang pagkopya, paglalagay, o paggamit ng anumang kaakibat na software na itinustos ng Kompanya (ang “Software”) na ang pangkalahatang layunin ay magamit ng mga taong nais na bumuo ng account sa Kumpanya at magamit ang GrabPay Wallet (ang “GrabPay Wallet” at sa pangkalahatan, ang “Serbisyo”), malinaw mong kinikilala at sinasang-ayunan na mapailalim sa mga Tuntunin ng Paggamit, at lahat ng mga pagbabago at karagdagang tuntunin maaaring pumaloob sa mga Tuntunin ng Paggamit na ilalathala sa anumang oras sa https://www.grab.com o sa pamamagitan ng Aplikasyon at ang iyong patuloy na paggamit ng “Serbisyo” pagkatapos magkaroon ng anumang pagbabagong nabanggit, nasuri mo man o hindi, ay nangangahulugan ng iyong pagsang-ayon at pagtanggap sa nasabing pagbabago sa Tuntunin ng Paggamit. Gayunman, ang Kompanya ay magbibigay ng abiso ng sampung (10) araw na kung saan bukas ang mga komersyo sa anumang pagbabago sa Tuntunin ng Paggamit, na mahalaga ayon sa makatuwirang pagpapasya ng Kumpanya, , at pagkatapos ng panahong ito, ang iyong patuloy na paggamit ng Serbisyo ay mangangahulugan ng iyong pagsang-ayon at pagtanggap ng mga nasabing pagbabago.

1. Paggamit ng GrabPay Wallet

  • Mga paraan ng pagbayad na maaaring gawin gamit ang GrabPay Wallet:

Ang GrabPay Wallet ay maaaring gamitin sa pagtinda at pagbili ng mga produkto at serbisyo mula sa lahat ng nagbibigay ng serbisyong pangtransportasyon, mga mangangalakal at ahenteng nag-aalok sa legal na paraan ng GrabPay bilang paraan ng pagbayad, SA KUNDISYONG walang pagbayad na lalabag sa mga nakasaad sa Tuntunin ng Paggamit, kasama ang “Pinapahintulutang Patakaran ng Paggamit” (nakasaad sa ibaba) ang maaaring pahintulutan.

  • Angkop na Bayad at Singil:

Walang singil ang maaaring ipataw ng Kumpanya maliban sa nakasaad sa napagkasunduang nakasulat (katulad ng merchant fees addendum).

  • Ulat ng mga Transakyon ng Gumagamit:

Ang buong ulat ng mg transakyon ng Gumagamit ay maaaring makuha mula sa sumusunod na website: https://grab.com/ph/.

  • Mapandayang mga gawain o ninakaw na e-money:

Sumasang-ayon ka na agad na ipagbibigay alam sa Kumpanya sa pamamagitan ng pagbisita sa aming Help Center: https://help.grab.com/passenger/en-ph/o pagtawag sa sumusunod na telepono para sa mga kostumer bilang +63 (0)2-8837100 ang anumang mapandayang gawain o pagnanakaw ng pondo mula sa GrabPay Wallet na makakarating sa iyong kaalaman.

  • Ang Kompanya ay may karapatang itigil, o bawiin, ang pagproseso ng anumang transaksyon kung ito ay may katuwirang, maniwala na ang transaksyon ay maaaring mapandaya, hindi naaayon sa batas, o may kaakibat na kriminal na gawain o kung mayroong makatuwirang paniniwala ang Kumpanya na ikaw ay may paglabag sa mga Tuntunin ng Paggamit.

2. Paraan ngPaglalagay ng Pondo sa Paggamit ng Serbisyo

  • Ang mga Gumagamit ay maaaring pumili na magdagdag ng anumang credit cards o anumang ibang paraan ng pagbabayad sa GrabPay Wallet na pinapahintulutan ng Aplikasyon (ang bawat isa ay tinatawag na “Pinanggalingan ng Pondo”) upang tuwirang magbayad sa pamamagitan ng wallet, o upang bumili ng GrabPay Credits (may kahulugan sa ibaba).
  • Sumasang-ayon ka na kami ay maaaring humingi ng katibayan at payagan ang mga impormasyong nakasaad sa Pinanggalingan ng Pondo sa unang pagkakataon na irehistro mo ang Pinanggalingan ng Pondo sa amin at tuwing gagamitin mo ang Serbisyo.
  • Kung debit o credit cards ang gamit bilang Pinanggalingan ng Pondo, sumasang-ayon ka na maaari kaming mag-isyu ng karampatang “authorization hold,” na hindi isang bawas sa iyong card, subalit para lamang mapatunayan ang paraan ng pagbayad sa pamamagitan ng iyong card. Ang nasabing “hold” ay maaaring lumabas sa iyong resibo bilang “pending”. Ang “authorization hold” ay nagsisilbing seguridad laban sa walang pahintulot o mapandayang paggamit ng iyong card.
  • Kung ang pagproseso ng iyong pagbayad gamit ang GrabPay Wallet sa pamamagitan ng debit o credit card bilang Pinanggalingan ng Pondo ay magagaganap sa ibang bansa, ikaw ay may pananagutan sa kung anumang karagdagang singil ang ipataw ng iyong card issuer dahil dito.
  • Kung ikaw ay makakatanggap o magpapadala ng bayad, ikaw ay may pananagutan sa Kumpanya para sa buong halaga ng bayad na naipadala sa iyo, at anumang karagdagang singil kung ang kabayaran ay mapawalang-bisa sa anumang dahilan, katulad ng mga “claims”, “chargebacks”, o kung mayroong pagwawalang-bisa ng bayad. Sumasang-ayon ka na pahintulutan ang Kumpanya na alamin, (o sa pagkakataong debit o credit card ang gamit bilang Pinanggalingan ng Pondo, na makipagtulungan sa debit o credit card issuer) ang akmang panig na mananagot sa mga nasabing “claims”, “chargebacks”, o “reversals”, at kung saan akmang singilin ang anumang halaga na dapat na ibayad sa Kumpanya dahil sa paggamit ng GrabPay Wallet.
  • Ikaw ay may pananagutan na mag-isang lutasin ang anumang di pagkakasundo sa pagitan mo at ng iyong debit o credit card company.

3. GrabPay Credits at mga Gantimpala

  • Maaring bumili ng credits para sa GrabPay Wallet (“GrabPay Credits”) sa papamamagitan ng Pinanggalingan ng Pondo.
  • Maliban kung sumang-ayon na nasusulat ang Kumpanya, ang pinakamataas na halaga ng GrabPay Credits na maaring ikarga ng user sa kanyang Restricted GrabPay Wallet ay hanggang PHP10,000 bawat taon, at sa Standard GrabPay Wallet ay PHP100,000 bawat buwan.
  • Kung ikaw ay bumili ng GrabPay Credits sa pamamagitan ng anumang Pinanggalingan ng Pondo, ito ay ituturing na pagsang-ayon sa tuntunin ng serbisyo ng mga processing partner ng Kumpanya at ng iyong institusyong pinansyal. Ikaw ang magbabayad ng anumang singil na ipapataw ng nag-isyu sa iyo ng debit o credit card sa paraan ng pagbayad na iyong napili.
  • Ang Kumpanya ay maaring tumanggi sa iyong hiling na bumili ng GrabPay Credits, tumanggi sa transaksyon ng pagbabayad, o ibalik ang naibayad o anumang transakyon, kung saan ang iyong iminungkahing pagbili ng GrabPay Credits ay magiging dahilan ng paglagpas sa limitasyon ng angkop na naikargang halaga sa GrabPay Wallet sa ilalim ng umiiral na batas at/o ng mga Tuntuning ng Paggamit na ito.
  • Ang bisa ng lahat ng GrabPay Credits ay isang (1) taon mula sa petsa ng iyong huling pagbili o paggamit, alinman ang huli. Ang petsa ng katapusan ng bisa na nakasaad sa Aplikasyon ay magsisilbing konklusibong katibayan ng petsa ng katapusan ng bisa ng iyong GrabPay Credits. Ang Kumpanya ay may karapatang pangasiwaan ang GrabPay Credits na wala nang bisa sa paraan na itinuturing nitong angkop sa ganap nitong kapasyahan, kabilang ang pagpapawalang bisa ng GrabPay Credits.
  • Ang GrabPay Credits ay hindi isang depository account at hindi ito kikita ng interes o iba pang kita. Hindi ito sakop ng Philippine Deposit Insurance Corporation (PDIC).
  • Maari mong tingnan ang balanse ng iyong GrabPay Credit sa Aplikasyon. Ang balanse na makikita sa Aplikasyon ay magsisilbing konklusibong katibayan ng iyong balanse sa GrabPay Credits.
  • Dahil ang mga pagbili gamit ang GrabPay Wallet ay maaring gumamit ng credit card sa pamamagitan ng institusyong pinansyal, kung sakaling may pagkakamali sa transaksyon gamit ang credit card na nagdulot ng chargebacks mula sa institusyong pinansyal, inilalaan ng Kumpanya ang karapatan nito na i-clawback ang halaga (hanggang sa halagang pinagtatalunan) sa iyong GrabPay Credits o iba pang paraan na itinuturing nitong angkop sa tangi nitong pagpapasya.
  • Ang Kumpanya ay may karapatang ipawalang bisa ang iyong GrabPay Credits kung ito ay naniniwala na ang iyong paggamit ay mapandaya, labag sa batas, may kinalaman sa anumang kriminal na gawain, o kung ang Kumpanya ay may sapat na dahilan upang paniwalaan na ikaw ay lumabag sa mga Tuntunin ng Paggamit.

4. Pag-withdraw at Paglipat ng GrabPay Credits

  • Ang GrabPay Credits para sa Grabpay Wallet ay maaaring i-withdraw sa iyong itinalagang bank account o iba pang cash out channels na maaaring gamitin.
  • Maaring mong ilipat ang GrabPay Credits sa, at makatanggap ng GrabPay Credits galing sa, ibang Gumagamit ng GrabPay Wallet.
  • Ang GrabPay Credits ay maaring i-withdraw sa mga kalahok na Mastercard ATMs na naayon sa Seksyon 22.

5. Pagpapatunay ng iyong Pagkakakilanlan

  • Ang Kumpanya ay inatasang sumunod sa lahat ng mga angkop na batas, regulasyon, abiso at alituntunin na ibinigay ng kaugnay na pamahalaan at awtoridad, kabilang ang Bangko Sentral ng Pilipinas (BSP) Circular No. 649, ang Philippine Anti-Money Laundering Act of 2001, as amended, at ang Terrorism Financing Prevention and Suppression Act of 2012.
  • Alinsunod sa mga naangkop na batas, regulasyon, abiso, at alituntunin, ang mga Gumagamit ng GrabPay Wallet ay maaaring atasang magbigay sa Kumpanya ng impormasyon upang mapatunayan ang iyong pagkakakilanlan (kasama na, patungkol sa mga corporate account, ang pagkakakilanlan ng mga tunay o benepisyal na may-ari, direktor, o mga indibidwal na may kapangyarihang ehekutibo, at mga indibidwal na may kapangyarihang mangasiwa ng account) kapwa sa oras ng pagbukas ng GrabPay Wallet account, pana-panahon matapos magbukas ng account, at sa tuluy-tuloy na panahon.
  • Kinikilala mo at sumasang-ayon ka na ang Kumpanya ay maaaring humingi ng karagdagang impormasyon, at ito ay gagamitin, ihahayag at ibabahagi para malaman ang iyong pagkakakilanlan at maipalaganap ang patakaran ng patuloy na pagsubaybay upang matiyak ang pagsunod ng Kumpanya at ng Gumagamit sa mga angkop na batas, regulasyon, abiso, at alituntunin, kasama ang pagbabahagi ng naturang impormasyon sa mga kasanib na kumpanya, at ibang third-party outsourcees (sa Pilipinas at sa ibang bansa) at kaugnay sa paglipat at pag-uulat ng naturang impormasyon at iyong mga transaksyon sa BSP, at iba pang sangay ng pamahalaan sa paraang itinuturing ng Kumpanya na angkop o ayon sa atas ng angkop na batas, regulasyon, abiso, at alituntunin. Dahil dito, kinikilala at tinatanggap mo na ang mga impormasyong nakuha mula sa iyo at mananatili sa Kumpanya hanggang kinakailangan upang tuparin ang mga atas ng BSP, at ng iba pang sangay ng pamahalaan sa paraang kinikilalang akma ng Kumpanya o ayon sa atas ng ng mga akmang batas, regulasyon, abiso, at alituntunin.
  • Sumasang-ayon ka na makikipagtulungan sa proseso ng pagsusuri na may kaugnay sa anumang anti-money laundering at paglaban sa pagpopondo ng terorismo at tutulungan ang Kumpanya sa pagsunod sa anumang angkop na batas, regulasyon, abiso, at alituntuning maisalugar. Kung nahihirapan kang tapusin ang proseso ng pagkumpirma at pagpapatunay ng iyong pagkakakilanlan, maaaring tawagan ang GrabPay sa mga bilang at e-mail address na makikita sa Seksyon 16.

6. Mga Representasyon at Warantiya

  • Sa paggamit ng Serbisyo, malinaw mong kinakatawan at pinapatotoohan na, ayon sa batas, ikaw ay nararapat na tumanggap at sumang-ayon sa Tuntunin ng Paggamit. Sa paggamit ng Serbisyo, malinaw mo ring kinakatawan at pinapatotoohan na ikaw ay may karapatan, awtoridad, at kakayahang gamitin ang Serbisyo at sumunod sa mga Tuntunin ng Paggamit. Pinatutunayan mo rin na lahat ng impormasyong iyong ibinigay ay tama at ganap.
  • Sumasang-ayon ka na hindi ka magbubukas ng higit sa isang GrabPay Wallet account.
  • Ang paggamit mo ng Serbisyo ay para lamang sa iyong personal na paggamit. Ipinapangako mong hindi mo hahayaang gamitin ng iba ang iyong pagkakakilanlan o estado bilang isang Gumagamit, at hindi mo itatakda o ililipat ang iyong user account sa kahit na sino. Tuwing ginagamit ang Serbisyo, sumasang-ayon ka na susunod sa lahat ng akmang batas, maging sa Pilipinas man o sa ibang bansa, estado, at lungsod ka man naroroon habang ginagamit ang Serbisyo.
  • Maaari mo lamang gamitin ang Serbisyo sa pamamagitan ng mga awtorisadong pamamaraan. Tungkulin mong tingnan at siguruhin na ang na-kopya sa iyong kagamitan ay ang wastong Software. Hindi mananagutan ang Kumpanya kung hindi naalinsunod o kung maling bersyon ng Software ang nakopya sa iyong kagamitan. Inilalaan ng Kumpanya ang karapatan nito na tanggihan ang patuloy na paggamit ng Serbisyo sakaling gamitin mo ang Aplikasyon at/o ang Software sa hindi wastong kagamitan, o sa paraan liban sa nilalayon nitong paggamit.
  • Sa paggamit ng Software o ng Aplikasyon, sumasang-ayon ka sa mga sumusunod:
  • ang Serbisyo ay iyong gagamitin lamang nang naaayon sa batas;
  • ang Serbisyo ay iyong gagamitin sa nakatalagang layunin lamang;
  • hindi mo gagamitin ang Aplikasyon sa pagpapadala o pagtatago ng anumang labag sa batas o mapandayang layunin;
  • hindi mo gagamitin ang Aplikasyon at/o ang Software para maging dahilan ng pang-aabala, pangyayamot, at panggagambala;
  • hindi mo gagamitin ang Serbisyo, Aplikasyon at/o ang Sofware sa ibang layunin maliban sa pagkuha ng Serbisyo.
  • hindi mo gagambalain ang maayos na operasyon ng network.
  • hindi mo susubukang sirain ang Serbisyo, ang Aplikasyon at/o ang Software sa kahit anumang pamamaraan;
  • hindi mo gagayahin, o ipapamahagi ang Software o iba pang nilalaman na walang naisulat na pahintulot mula sa Kumpanya;
  • ang Software at/o ang Aplikasyon ay iyong gagamitin para sa iyong sarili lamang at hindi mo ito ibebenta sa ibang tao;
  • papanatilihin mong ligtas at lihim ang iyong account password o anumang

pagkakakilanlang ibibigay namin sa iyo na nagpapahintulot sa iyo na magamit ang Serbisyo;

  • ibibigay mo sa Kumpanya ang katunayan ng iyong pagkakakilanlan kung sakaling ito ay hingin o kailanganin;
  • kinikilala mo at sumasang-ayon ka na isa (1) lang ang GrabPay Wallet account na maaring i-rehistro sa isang tao, at ang isang numero ng mobile phone ay maaring iugnay sa isang (1) GrabPay Account lamang;
  • sumasang-ayon na ka ikaw ay magbibigay ng wasto, napapanahon at kumpletong impormasyon na kinakailangan para sa Serbisyo at akuin ang pananagutan para mapanatili at mabago kung kailangan ang iyong impormasyon sa mabilis na paraan habang ang Kasunduang ito ay umiiral. Sumasang-ayon ka na ang Kumpanya ay maaring umasa na ang iyong impormasyon ay wasto, napapanahon at kumpleto. Tinatanggap mo na kapag ang impormasyon na iyong ibinigay ay hindi totoo, hindi wasto, hindi napapanahon o hindi kumpleto sa anumang aspeto, ang Kumpanya ay may karapatan pero hindi ang tungkulin na tapusin ang Kasunduang ito at ang iyong paggamit ng Serbisyo sa anumang oras, may abiso man o wala;
  • gagamitin mo lamang ang mga access point o kagamitan na ikaw ay may pahintulot na gamitin sa paggamit ng iyong GrabPay Wallet;
  • hindi ka gagamit ng paraan para malinlang ang Kumpanya o makinabang sa anumang pamamaraan, mapanlinlang man o hindi, sa pamamagitan ng anumang okasyon, promosyon, o kampanyang sinimulan ng Kumpanya upang makahikayat ng bagong subskripsyon o paggamit ng Serbisyo ng mga bago at kasalukuyang kostumer;
  • sumasang-ayon ka na ang Serbisyo ay ibinibigay sa makatwiran at abot-kayang pamamamaraan at batayan; at
  • sumasang-ayon ka na sumunod sa mga tuntunin na nakasaad sa Patakaran para sa Naaayon na Paggamit ng GrabPay Wallet (sa ibaba) kaugnay ng iyong paggamit ng Serbisyo.

7. Patakaran para sa Tamang Paggamit

  • Sumasang-ayon ka na tatanggapin mo ang buong responsibilidad at pananagutan sa lahat ng kawalan o pinsalang maidudulot sa iyo, sa Kumpanya o sa ibang tao na naging bunga ng iyong paglabag sa mga Tuntuning ng Paggamit na ito.
  • Sumasang-ayon ka na hindi mo gagamitin ang Serbisyo sa anumang paraan na ikaw ay lalabag sa batas, ordinansa o regulasyon.
  • Maliban sa mga pinahihintulutan ng Kumpanya, subalit napapailalim sa mga angkop na batas at regulasyon, sumasang-ayon ka na hindi ka magsasagawa ng transaksyon kaugnay ang mga sumusunod:
  • adult media na naglalarawan o nag-uugnay sa gawaing labag sa batas tulad ng malaswang pagsasalarawang sa mga bata, panghahalay, pakikiapid sa kamag-anak, atbp.;
  • lahat ng uri ng sasakyang panghimpapawid kabilang ang, subalit hindi limitado sa pangkalakalang sasakyang panghimpapawid, mga kumpanya ng eroplano na sumisingil ng mas mababa, paarkilahan at tagapamahala ng flight tour operator, pribadong jet at helicopter taxi;
  • produkto at inuming may alak o nakalalasing;
  • anumang kalakal at serbisyo na nagtataguyod ng galit, karahasan o kawalang-paraya sa anumang paraan;
  • anumang kalakal o serbisyo na sakop ng mga parusa sa UN Security Council;
  • pagbenta ng sasakyang de motor (anumang uri ng bago at gamit na sasakyang de-motor);
  • mga uri ng credit repair, serbisyo sa pag-areglo ng utang, credit transactions o mga gawain sa insurance;
  • anumang kalakal na may tatak, marka ng kalakal, at may kopirayt maliban kung ang nagbebenta ay ang nagmamay-ari o may lisensyang magbenta ng ari-ariang intelektwal /kopirayt;
  • mga kagamitan, serbisyo at software na ginagamit para lumabag ng batas o magtanggal ng proteksyon ng kopirayt;
  • suportang teknikal ng kompyuter at mga IT help desk;
  • mga negosyo na gumagamit ng crowd sourcing at crowd funding, lending clubs, na nag-aalok ng equity o gantimpala ng anumang uri;
  • Cryptocurrency, Bitcoin, online currency, gaming coins, online gold at iba pang katulad na birtwal na ari-arian;
  • mapanlinlang na gawain sa negosyo tulad ng Ponzi/ pyramid schemes, multi-level marketing, mga nagpapangako ng garantisadong resulta, at mga kurso sa kalakaran, pamumuhunan at mga serbisyo;
  • mga pagawaan ng sanaysay, dokumento, at pagtulong sa takdang aralin;
  • mga nag-aayos ng pagdiriwang o palabas o pangyayari, pagbebenta ng mga tiket, pagplano ng pagdiriwang o palabas or pangyayari, at ibang mga katulad na serbisyo;
  • file sharing at iba pang katulad na serbisyo;
  • anumang uri ng serbisyong pampinansyal, tulad ng pagpapautang, micro lending, mga pamamaraan sa pamumuhunan, escrow, collection agency, bail bond service, pangongolekta ng utang, credit aggregation, consolidation service, credit card protection, at iba pang katulad na gawain;
  • mga bagay na madaling masunog, pumutok, pyrotechnic, nakakalason at mapanganib katulad ng, ngunit hindi limitado sa mga paputok, radyoaktibo na mga kagamitan at kasangkapan, pulbura;
  • mga dayuhang pamahalaan kasama ang, ngunit hindi limitado sa mga embahada at konsulado;
  • mga manghuhula, astrolohiya, pagbabasa ng baraha, tarot, hypnosis at mga katulad na gawain;
  • pagsusugal, mga paglalaro at/o iba pang gawain na may bayad sa pagsali at premyo, tulad ng, ngunit hindi limitado sa mga laro sa casino, pagpupusta sa paligsahan, karera ng kabayo o greyhound, fantasy sports, lotto, at iba pang gawain na nagpapadali ng pagsusugal, laro ng kasanayan (kahit na hindi na tinuturing na pagsusugal ayon sa batas) at sweepstakes;
  • mga kagamitan na ipinamahagi ng pamahalaan, mga tagapagpatupad ng batas, at ng militar katulad ng, ngunit hindi limitado sa mga uniporme, tsapa, palamuti, maliban kung makasaysayan at/o malinaw na hindi totoo o pantungkulin (halimbawa, laruan);
  • mga pampangangalaga sa kalusugan, mga gamot, supplements, anumang uri ng produktong pangkalusugan at anumang uri ng medical na produkto;
  • mga hotel at iba pang uri ng serbisyong pang-tuluyan (tulad ng hostel, apartment, serviced apartments, motel, resort, villas);
  • anumang bahagi ng tao, tulad ng, ngunit di limitado sa lamang loob, mga parte ng katawan, mga labi ng tao, mga likido sa katawan, stem cell, embrayo;
  • ilegal na droga, tabako o mga produktong pangkalusugan. Mga sangkap na ginawa para gayahin ang mga epekto nito. Iba pang mga kagamitan at produkto na ginagamit upang gawin o gamitin ang mga ito tulad ng bongs, hookah at iba pang kaparehong kasangkapan;
  • mga bagay na naghihikayat, nagtataguyod, nagpapangasiwa o nagtuturo sa iba na gumawa ng mga bagay or gawain na labag sa batas;
  • mga bagay na lumalabag sa anumang kopirayt, marka ng kalakal, karapatang maglathala o karapatan sa pagiging pribado o anumang karapatan sa pagmamay-ari sa ilalim ng mga batas sa Pilipinas o anumang hurisdiksyon;
  • alahas, hiyas, mamahaling bato at mahahahalagang metal;
  • mga pagkunsulta tungkol sa batas, buwis, pagkalugi at iba pang serbisyo;
  • mga negosyo na may kinalaman sa pera tulad ng pagpapadala (maliban sa mga lehitimong pinagmulan ng pondo na nakalaad sa Aplikasyon), paglipat, money order, prepaid gift card, stored value facility, quasi-cash, palitan ng halaga ng pera ng ibang bansa at iba pang katulad na serbisyo;
  • narkotiko, mga steroid, ilang mga kinokontrol na sangkap at iba pang mga produkto na maaaring magdulot ng panganib sa kaligtasan ng mga mamimili;
  • anumang uri ng serbisyo na walang dagdag na halaga katulad ng, ngunit hindi limitado sa pagbebentang muli ng alok ng pamahalaan ng walang pahintulot o karagdagang halaga, mga serbisyong hindi makatarungan, mapanlinlang, o nanunulisan sa mga mamimili;
  • pag-alok o pagtanggap ng kabayaran para sa layuning panunuhol o paggawa ng katiwalian;
  • langis at gas, petrolyo at mga produkto nito;
  • anumang uri ng organisasyong pampulitika, panrelihiyon, spiritwal, mapangkawanggawa at hindi pangkalakal;
  • mga prepaid phone card, serbisyo sa telepono at cell phone;
  • pribadong panggagamot at mga e-doctor;
  • mga produkto ng pagkalakal sa mga hayop mula sa gubat, ilegal na pangangaso at pangunguha ng mga nanganganib na uri ng hayop tulad ng mamal mula sa dagat, palikpik ng pating, sungay ng mga rhino, ivory, deer musk, bear bile, tiger penis at iba pang katulad na produkto;
  • property sharing, timeshares, house-swapping, sub-letting, bed and breakfast, at mga katulad na negosyo;
  • pagbebenta ng anumang uri ng hayop o alaga;
  • pagbebenta ng mga gawain sa social media, mga click farm tulad ng, ngunit hindi limitado sa pagbebenta ng mga “likes” sa Facebook, followers sa Twitter, at views sa Youtube;
  • mga kagamitan at serbisyong may sekswal na pag-aangkop;
  • mga spa at serbisyo pagpapahinga at masahe.
  • mga nakaw na kalakal kabilang ang ilegal na nakuha o nakopyang digital at birtwal na mga paninda;
  • mga subskripsyon, pagsapi, mga libreng pagsubok ng serbisyo o paninda at iba pang mga negosyo kung saan ang pagbili ay may kundisyong subskripsyon;
  • ang personal na impomasyon ng ibang tao na lumalabag sa batas ng Pilipinas;
  • pagbebenta ng traveler’s cheques o mga money order;
  • pagbebenta ng mga produkto o serbisyo na naitukoy ng mga ahensya ng pamahalaan ng Pilipinas na maaaring mataas ang posibilidad na maging mapanlinlang o ginagamit ng user sa paglabag ng batas sa Pilipinas;
  • mga produkto ng tabako, sigarilyo, sigaro, electronic cigarettes at iba pang kaugnay na produkto (tulad ng ekstrang piyesa at recharges);
  • mga ahente sa pagbiyahe na walang lisensya;
  • anumang uri ng armas tulad ng mga baril, bala, kutsilyo, nunchaku at iba pang kaugnay na kagamitan, sangkap, at mga palamuti. Mga armas at kutsilyo na sumasailalim sa regulasyon ng batas ng Pilipinas. Mga laruan, regalo at kopya ng anumang uri na malapit ang pagkakatulad sa mga nasabing bagay.

8. Mga Buwis

  • Sumasang-ayon ka na ang kasunduan na ito ay nasasaklawan ng lahat ng umiiral na batas tungkol sa buwis, panagutan, bayarin, pananagutan at/o gastusin, gaano man maipataw, sa kasalukuyang halaga at may kaugnayan sa anumang buwis na maaaring ipataw anumang oras sa hinaharap.
  • Sumasang-ayon kang muli na mahusay kang magsusumikap na gawin ang lahat ng nararapat at kinakailangan na hinihiling ng kaugnayang batas upang mapagana, makatulong at/o maipagtanggol ang Kumpanya upang makuha o mapatunayan ang anumang input tax credit, set off, rebate, o refund na may kinalaman sa anumang nabayaran o babayarang buwis kaugnay ng Serbisyo na naibigay sa ilalim ng kasunduang ito.
  • Sumasang-ayon ka na ang mga detalye ng iyong GrabPay Wallet account at lahat ng mga transaksyon dito ay maaaring ibigay kung hihilingin ng anumang awtoridad na nagpapataw ng buwis, sa Pilipinas man o sa ibang bansa kung ang layunin ng paghiling ay may kinalaman sa pagbayad ng buwis at/o pagtukoy ng ari-ariang papatawan ng buwis.

9. Pagkakaloob ng Lisensya at mga Restriksyon

  • Ang Kumpanya ay napagkalooban ng lisensya ng GrabTaxi Holdings Pte Ltd (Company No. 201316157E na may nakalistang address sa 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) patungkol sa Aplikasyon.
  • Ang Kumpanya, mga kaanib na kumpanya nito at mga nagbigay ng lisensya dito kabilang ang GrabTaxi Holdings Pte Ltd, kung saan nararapat ay nagkakaloob saiyo ng mababawi, hindi ekslusibo, hindi maiililipat, hindi maibibigay, personal, at limitadong lisensya na gamitin ang Aplikasyon at/o ang Software, alinsunod sa mga alituntunin ng paggamit na mga ito. Lahat ng mga karapatan na hindi hayagang naipagkaloob sa iyo ay nakalaan sa Kumpanya at mga nagbigay ng lisensya dito.
  • Sumasang-ayon ka na hindi mo gagawin ang mga sumusunod:
  • magbigay ng lisensya, mag-sublicense, magbenta, muling magbenta, maglipat, magtalaga, o sa anumang paraan manamantala para kumita o gawing madaling makuha ng sinumang tao ang Aplikasyon at/o ang Software sa kahit anong paraan;
  • baguhin o gumawa ng kahalintulad na makinarya na batay sa Aplikasyon at/o sa Software;
  • gumawa ng “links” sa internet para sa Aplikasyon o i-”frame” o i-”mirror” ang Software sa anumang iba pang server o instrumento sa internet o mga kagamitan na gumagamit ng internet;
  • reverse engineer o gamitin ang Software para sa (a) pagbuo ng kahalintulad na produkto o serbisyo, (b) paggawa ng produkto na may kahawig na layunin, anyo, kakayahan o grapika ng Aplikasyon at/o ng Software, o (c) gayahin ang anumang layunin, anyo, kakayahan, o grapika ng Aplikasyon at/o ng Software;
  • maglunsad ng automated na programa o script, katulad ng, ngunit hindi limitado sa, web spiders, web crawlers, web robots, web ants, web indexes, bots, mga virus o worm, o anumang web program na maaring gumawa ng maramihang server requests kada segundo, o hindi wastong imposisyon o paghahadlang sa pagpapatakbo at/o pagsasakatuparan ng Aplikasyon at/o ng Software;
  • gumamit ng anumang robot, spider, site search/retrieval Aplikasyon, at iba pang manu-mano o awtomatikong paraan o proseso para makakuha, isataluntunan, data mine, o sa anumang paraan, kopyahin o dayain ang daloy ng balangkas o ng pagkakaayos ng Serbisyo at mga nilalaman nito;
  • maglathala, mamigay, o kumopya sa anumang paraan ang kahit anong kayarian na may kopirayt at marka ng kalakal, o iba pang pagmamay-aring impormasyon ng walang nakuhang pahintulot mula sa may-ari ng mga nasabing karapatan;
  • magtanggal ng anumang kopirayt at marka ng kalakal o anumang pabatid ukol sa karapatan ng pagmamay-ari na nalalaman sa Serbisyo.
  • Maaari mo lamang gamitin ang Software at/o ang Aplikasyon sa iyong pansarili, at hindi sa pangkomersyal na hangarin at hindi mo maaaring gamitin ang Software at/o ang Aplikasyon sa mga sumusunod:
  • magpadala ng spam o anumang mensahe na isang duplikasyon o hindi hinihiling;
  • magpadala o maglaman ng mapanghimasok, malaswa, mapagbanta, mapanirang-puri, o anumang ipinagbabawal o mapanirang materyal, katulad ng, ngunit hindi limitado sa mapaminsalang materyales sa mga bata o lumalabag sa karapatan ng pagkapribado ng ibang tao;
  • magpadala ng mga materyal na naglalaman ng software viruses, worms, trojan horses o iba pang mapaminsalang computer code, file, script, agent at programa.
  • panghimasukan o sirain ang integridad o husay ng Software at/o ng Aplikasyon o ang mga datos na nakapaloob sa mga ito;
  • subukang mapasok ng walang pahintulot sa Software at/o sa Aplikasyon o mga kaugnay na sistema o interkoneskyon nito;
  • magpanggap ng sinuman o anumang katauhan o di kaya’y magsinungaling ng iyong pagkakaugnay sa isang tao o katauhan; o
  • gumawa ng anumang maaaring makasira sa karangalan ng Kumpanya o maging dahilan ng pagkakaroon ng masamang pagkakakilanlan.

10. Pagmamay-ari ng Ari-ariang Intelektwal

  • Ang Kumpanya at ang mga kaanib na kumpanya nito, kung saan nararapat, ay ang magmamay-ari ng karapatan, titulo, at interes, kabilang ang lahat ng kaugnay na ari-ariang intelektwal, patungkol sa Software at/o sa Aplikasyon at kasama na ang Serbisyo at anumang mga pagmumungkahi, ideya, kahilingan sa pagpapahusay, katugunan, tagubilin o iba pang impormasyon na iyong ibinigay o sinuman ang nagbigay na may kaugnayan sa Serbisyo.
  • Ang mga Tuntunin ng Paggamit ng mga ito ay hindi bumubuo ng kasunduan sa pagbebenta at hindi nagbibigay sa iyo ng anumang karapatan sa pagmamay-ari ng Serbisyo, ng Software at/o ng Aplikasyon, o anumang karapatan sa ari-ariang intelektwal ng Kumpanya at ng mga nagbigay ng mga lisensya dito.
  • Ang pangalan ng Kumpanya, ang logo nito, ang Serbisyo, ang Software, at/o ang Aplikasyon at mga logo ng mga ibang mangangalakal o tagapagbigay ng serbisyo sa transportasyon at ang mga pangalan ng produkto na nauugnay sa Software at/o sa Aplikasyon, ay mga marka ng kalakal ng Kumpanya at/o ng mga kaanib na kumpanya nito o ng ibang tao, at walang karapatan o pahintulot ang ibinibigay para gamitin ang mga ito.

    Para maiwasan ang pag-aalinlangan, ang katawagan na “Software” at “Aplikasyon” na nabanggit dito ay sumasaklaw sa mga kinauukulang bahagi, proseso at disenyo sa kabuuan nito.

11. Pagkalihim ng Datos at Patakaran sa Pangangalaga ng Personal na Datos

  • Sumasang-ayon ka at nagbibigay ng pahintulot sa Kumpanya na magkolekta, gumamit, magpaalam, magtago, magbahagi at magproseso ng iyong Personal na Datos sa mga layunin at pamamaraang nakalahad dito.
  • Para sa kaukulan ng kasunduang ito, ang ibig sabihin ng “Personal na Datos” ay mga impormasyon tungkol sa iyo, kung saan ikaw ay madaling makikilala ng agaran o ibang pagkakakilanlan, kabilang ang ngunit hindi limitado sa iyong pangalan, numero ng iyong identification card, numero ng iyong katibayan ng pagsilang, numero ng iyong pasaporte, lahi, araw ng kapanganakan, email address, at iba pang mga impormasyong iyong naibahagi sa Kumpanya sa anumang paraan at/o anumang impormasyon tungkol sa iyo na naging o maaaring nakalap, naitago, nagamit, naibigay, o nai-proseso ng Kumpanya.
  • Kusang-loob mong ibinabahagi sa Kumpanya ang iyong Personal na Datos. Subalit kapag hindi sapat ang impormasyong iyong naibigay upang makuha ang Aplikasyon, maaari itong ituring na hindi kumpleto at maaaring hindi ma-iproseso ng Kumpanya ang iyong kahilingang magamit ang Serbisyo.
  • Ang Kumpanya ay maaaring magkalap, gumamit, magbigay, magtago, magbahagi at magproseso ng iyong Personal na Datos para sa lehitimong layunin at gawain ng negosyo kabilang ang, ngunit hindi limitado, sa mga sumusunod:
  • gampanan ang mga tungkulin ng Kumpanya sa ilalim ng anumang kontratang ating napagkasunduan;
  • mabigay sa iyo ang mga serbisyong nabanggit batay sa mga Tuntunin ng Paggamit na ito;
  • magproseso, pangasiwaan at magsiyasat ng iyong kahilingang gumamit ng Serbisyo ng naayon sa Tutuntin ng Paggamit na mga ito;
  • patunayan at/o i-processo ang mga kabayaran batay sa mga Tuntunin ng Paggamit na ito;
  • magproseso ng refund, diskwento, at/o bayad ng naaayon sa mga Tutunin ng Paggamit na ito;
  • pangasiwaan o paganahin ang anumang tseke na maaaring kailangan ayon sa mga Tutunin ng Paggamit na ito;
  • Magsulong, paghusayin at maibigay ang kailangan batay sa mga Tuntunin ng Paggamit na ito para matugunan ang iyong mga pangangailangan;
  • para sa internal na layuning administratibo, tulad ng pag-audit, pasusuri sa mga data, mga talaan ng database;
  • para sa hangaring magtuklas, magpigil, at magsakdal ng krimen kabilang ang mga kaugnay na tungkulin ng ayon sa naangkop na batas, alituntunin, patnubay o babala na inilabas ng anumang sangay ng pamahalaan o namamahalang awtoridad ( sa Pilipinas man o sa ibang bansa);
  • para matupad ng Kumpanya ang mga layunin nito, anumang nararapat na batas, alituntunin, patnubay o babala na inilabas ng anumang sangay ng pamahalaan o namamahalang awtoridad (sa Pilipinas man o sa ibang bansa kabilang ang pagbigay ng mga Personal na Datos sa mga ahensyang nagpapatupad ng batas o korte sa Pilipinas o sa ibang bansa);
  • tumugon sa mga katanungan, komento at katugunan galing sa iyo;
  • alinsunod sa mga naangkop na batas na nagpapahintulot ng paggamit, paglikom, pagsiwalat at pagproseso ng Personal na Datos, sa kondisyong kapag ang iyong datos ay naibahagi sa ibang tao o kompanya, ang nasabing tao o kompanya ay mapapasailalim sa isang kontrata kung saan ito ay magbibigay ng katulad na proteksyon na ibinibigay ng Kumpanya sa nasabing data.
  • Bilang karagdagan sa mga nabanggit, ang Kumpanya ay maaaring makipag-usap sa iyo sa pamamagitan ng email, telepono o text kaugnay ng mga sumusunod (ang “Layuning Pampromosyon”):
  • magproseso ng iyong pakikilahok sa anumang kaganapan, promosyon, gawain, focus groups, pag-aaral ng pananaliksik, paligsahan, poll, pagsisiyasat, o anumang produksyon at magpaalam ng tungkol sa iyong pagdalo sa mga ito;
  • magpadala ng alerto, pahayagan, pag-uulat, sulat, pampromosyong kagamitan, mga espesyal na pribilehiyo, malugod na pagbati mula sa Kumpanya, mga kasosyo/kaanib, mga mag-aanunsyo at mga isponsor nito;
  • magpaalam at mag-imbita sa iyo sa mga kaganapan at aktibidad na itinatag ng Kumpanya, mga kaanib, mga mag-aanunsyo at mga isponsor nito; at/o
  • ibahagi ang iyong Personal na Datos sa mga nasa loob ng pangkat ng mga kumpanya ng Kumpanya na bumubuo sa mga sabsidiari, nauugnay na mga kumpanya, at/o mga magkasamang kontrolado na mga kumpanya ng holding company ng grupo (ang “Grupo”) at sa mga ahente ng Kumpanya at ng Grupo, mga third-party provider, developer, mga mag-aanunsyo, mga kasosyo/kaanib, event company, o mga isponsor na maaring makipag-ugnayan sa iyo sa anumang kadahilanan.
  • Kung hindi ka sumasang-ayon sa Kumpanya na gamitin ang iyong Personal na Datos para sa anumang Layuning Pampromosyon, maaari lamang na ipagbigay-alam sa Kumpanya sa e-mail address na ito: https://help.grab.com/passenger/en-ph

  • Kung alinman sa iyong mga Personal na Datos ay nagbago, halimbawa, ikaw ay nagpalit ng email address, numero ng telepono, mga detalye sa pagbabayad o nais mong ikansela ang iyong account, o bawiin ang iyong pahintulot na makatanggap ng mga pagpapatalastas para sa Layuning Pampromosyon, maaaring pakibago ng iyong impormasyon sa support contact details sa email support na ito: https://help.grab.com/passenger/en-ph

  • Ang Kumpanya ay, sa abot ng makakakaya nito, tutugon sa mga hinihiling na pagbabago sa loob ng labing-apat (14) na araw kung saan bukas ang mga komersyo simula sa araw ng pagkakatanggap ng abiso ng pagbabago.
  • Sumasang-ayon ka at pumapahintulot na payagan ang Kumpanya na ilipat ang iyong Personal na Datos sa mga kaanib na kumpanya ng Kumpanya at mga outsourcee nito (sa Pilipinas o sa ibang bansa) sa layuning magamit ang mga impormasyon na ito sa pamamalakad ng GrabPay Wallet stored value facility na binigay sa Kumpanya ng mga nasabing mga kaanib na Kumpanya at mga outsourcee na ito.
  • Ang Kumpanya ay nakatuon sa ganap na pagsunod sa mga probisyon ng Data Privacy Act of 2012 at nakapagtalaga ng Personal Data Protection Officer para sa layuning ito. Ang nasabing opisyal ay maaaring sulatan sa nakasaad na email address sa itaas.

12. Interaksyon sa Ikatlong Partido

  • Habang ginagamit ang Serbisyo, maaari kang makipag-ugnayan, bumili ng mga kalakal at/o gumamit ng serbisyo, o sumali sa mga promosyon ng sinumang ikatlong partido na mangangalakal, mag-aanunsyo, o isponsor na nag-aalok ng kanilang kalakal at/o serbisyo sa pamamagitan ng Serbisyo, ng Software at/o ng Aplikasyon.
  • Ang anuman sa mga nabanggit na gawain at anumang tuntunin, kundisyon, warantiya o

representasyon kaugnay ng mga gawaing ito, ay tanging sa pagitan mo at ng naangkop na ikatlong partido.

  • Ang Kumpanya at ang mga kaakibat at nagbibigay ng lisensya dito ay walang pananagutan, sagutin o responsbilidad sa anumang ugnayan, pagbibilihan, unawaan o promosyon sa pagitan mo at ng sinumang ikatlong partido.
  • Ang Kumpanya ay hindi nag-iendorso ng anumang aplikasyon o mga lugar sa internet na nakakabit sa Serbisyo, sa Aplikasyon, at/o sa Software, at walang pagkakataon na ang Kumpanya, mga nagbigay ng lisensya dito, o ang Grupo ay mananagot sa anumang nilalaman, produkto, serbisyo o kagamitan sa o makukuha sa mga lugar na ito sa internet o sa mga ikatlong partido.
  • Ang Kumpanya ay nagbibigay ng Serbisyo sa iyo ng naaayon sa mga Tuntunin ng Paggamit. Gayunpaman, kinikilala mo na may mga ikatlong partidong mangangalakal o tagapagbigay ng serbisyong pangtransportasyon, mga kalakal at/o serbisyo, na maaring mangailangan na ikaw ay pumayag sa karagdagang mga kondisyon ng paggamit bago mo magamit ang kanilang kalakal o serbisyo, at ang Kumpanya ay hindi kasama dito at hindi namin pananagutan ang anuman at lahat ng pananagutan at/o sagutin na magmumula sa mga kasunduan sa pagitan mo at ng mga ikatlong partido.

13. Indemnipikasyon

  • Sa pamamagitan ng pagsang-ayon sa mga Alituntunin ng Paggamit na ito sa paggamit ng Serbisyo, pumapayag ka na ipagtatanggol, magbabayad-pinsala, at hindi pananagutin ang Kumpanya, mga nagbigay ng lisensya dito, at ang kapwa nilang magulang na kumpanya, subsidyariya, kaanib, opisyal, mga direktor, kasapi, kawani, abugado at ahente ng mga nasabing partido mula sa at laban sa lahat ng pinsala, pagkalugi, at anumang uri ng mga gastos (kasama ang mga makatwirang bayad at mga gastos sa abugado) na magmumula o may kinalaman sa:
  • paggamit mo ng Serbisyo, ng Software at/o ng Aplikasyon sa iyong pakikipag-ugnayan sa ikatlong partidong mangangalakal, nagbibigay ng serbisyong pangtransportasyon, ikatlong partidong nagbibigay ng kalakal o serbisyo, mga kasosyo/kaanib, mga mag-aanunsyo, at mga isponsor;
  • mga paglabag at hindi pagsunod sa anumang probisyon sa mga Tuntunin ng Paggamit o anumang angkop na probisyon ng batas o alituntunin nabanggit man dito o hindi;
  • paglabag mo sa anumang karapatan ng sinumang ikatlong partido;
  • ang iyong maling paggamit ng Serbisyo, ng Software at/o ng Aplikasyon.

14. Limitasyon ng Pananagutan

  • Ang Kumpanya ay hindi nagbibigay ng representasyon, warantiya, o garantiya tungkol sa kahusayan, pagiging nasa oras, kalidad, pagiging angkop, kahandaan, ganap na kawastuhan o pagkakumpleto ng Serbisyo, ng Aplikasyon, at/o ng Software.
  • Ang Kumpanya ay hindi nagbibigay ng representasyon o warantiya na:
  • ang paggamit ng Serbisyo, ng Aplikasyon, at/o ng Software ay magiging ligtas, nasa oras, hindi napuputol, o hindi nagkakamali o gumagana kasabay sa ibang hardware, software, sistema o datos;
  • ang Serbisyo at/o Gantimpala ay makakatugon sa iyong mga pangangailangan at inaasahan;
  • ang anumang nakakargang datos ay tumpak o maaasahan;
  • ang kalidad ng anumang produkto, serbisyo, impormasyon, gantimpala o iba pang kagamitang iyong nabili o nakuha sa pamamagitan ng Aplikasyon ay makakatugon sa iyong pangangailangan at inaasahan;
  • ang mga pagkakamali o depekto sa Aplikasyon at/o sa Software ay maisasayos;
  • ang Aplikasyon o ang Server kung saan Aplikasyon ay nagagamit ay walang virus o iba pang mapanminsalang bahagi.
  • Bagaman ang Kumpanya ay hindi nagbibigay ng representasyon o warantiya na ang paggamit ng Serbisyo, ng Aplikasyon at/o ng Software ay ligtas, magbibigay at magpapanatili ito ng organisasyonal, pisikal at pagkaligtasang mga hakbang na napapanahon at sumasang-ayon sa mga pamantayan sa industriya at mga kinakailangan ng naangkop na batas, alituntutin, patnubay o babala na ibinigay ng pamahalaan at nangangasiwang awtoridad.
  • Ang Serbisyo at Gantimpala ay mahigpit na ipinapagkaloob sa iyo sa “as is” na batayan.
  • Lahat ng kondisyon, representasyon at warantiya, ipinahayag man o ipinahiwatig, ng dahil sa batas o hindi, kabilang ang, ngunit hindi limitado sa, anumang ipinahiwatig na warantiya ng pagiging kalakal, kaangkupan sa anumang paggamit, o hindi paglabag sa karapatan ng ikatlong partido, ay hindi kasama dito at hindi tinatanggap hanggang ang di pagtanggap na ito ay pinapayagan sa pinakamataas at pinakamatinding lawak ayon sa batas ng Pilipinas.
  • Ang Serbisyo, ang Aplikasyon at/o ang Software ay maaaring makaranas ng mga limitasyon, pagkaantala o iba pang suliranin na likas sa paggamit ng internet at electronikong komunikasyon kabilang ang iyong kagamitan o aparato at ng iba pang GrabPay Wallet user, dahil sa pagkakaroon ng depekto, walang koneksyon, hindi maabot ng mobile signal o hindi paggana ng maayos. Ang Kumpanya ay walang pananagutan sa pagkakaantala, hindi pagkakahatid, pagkasira, pagkawala o pagkalugi mula sa mga problemang nabanggit.
  • Sa pinaka-lubos na saklaw na pinapayagan ng batas, ang Kumpanya ay walang pananagutan sa anumang pinsala, pagkalugi, at anumang uri ng mga gastos (direkta man o konsekwensyal), na iyong tinamo o dinanas na nagmula o may koneksyon sa iyong paggamit ng Serbisyo, ng Aplikasyon, at/o ng Software.

15. Terminasyon

  • Ang Kumpanya o ikaw ay maaaring magwakas ng kasunduan na ito sa pamamagitan ng pagbibigay ng nasusulat na isang buwang abiso sa kabilang partido.
  • Sumasang-ayon ka na ang kasunduang ito ay agarang magwawakas sa kaganapan na ikaw ay:
  • ipinahayag na bangkarote, hindi makapagbayad o pumasok sa likwidasyon o pagsasara, o iba pang pamamaraan ng scheme of arrangement o administrasyon; o
  • napatunayan sa korte ng Pilipinas na ikaw ay hindi nakapagbayad ng utang sa lisensyadong bangko; o
  • namatay na.
  • Sa kaganapan ng alinman sa mga nabanggit, ang Kumpanya ay may karapatan, sa kanyang natatanging pagpapasya, na makitungo sa sinumang tagapangasiwa, ehekutibo, o kinatawan ng hukuman sa Pilipinas kaugnay ng pangangasiwa ng anumang natitirang balanse ng Credits sa GrabPay Wallet.
  • Sumasang-ayon ka na ang Kumpanya ay may karapatang agarang wakasan ang kasunduang ito kung sakaling mapag-alaman na ikaw ay lumabag sa anumang probisyon ng mga tutunin na ito.
  • Anumang natitirang halaga sa GrabPay Wallet ay ibabalik sa iyo ng Kumpanya.

16. Mga Hinaing sa Paggamit ng Serbisyo

  • Inaanyayahan ang mga Gumagamit na makipag-ugnayan muna kung sakaling mayroon silang reklamo tungkol sa Serbisyo sa alinman sa sumunod: Customer Service line: Tel : +63 (0)2-8837100 o sa e-mail support: https://help.grab.com/passenger/en-ph

  • Sumasang-ayon ka na ipagbibigay alam ang iyong reklamo o hinaing tungkol sa maling Serbisyo sa loob ng isang buwan mula sa araw ng transaksyon para sa pagbabayad ng paninda at serbisyo o sa loob ng pitong araw para sa tao sa taong paglipat ng GrabPay Credits, o pagkakatuklas mo ng mapandayang paggamit ng GrabPay Wallet, alinman ang mauna.
  • Ang mga Gumagamit ay maaari ring maglahad ng hinaing sa Bangko Sentral ng Pilipinas sa mga sumusunod na contact point: Direktang Linya: (632)708-7087

Facsimile: (632) 708-7088 E-mail Address: consumeraffairs@bsp.gov.ph

17. Mga Abiso

  • Maaaring magbigay ang Kumpanya ng abiso sa pamamagitan ng pangkalahatang abiso para sa Aplikasyon, o sa pamamagitan ng email sa iyong email address na nasa talaan ng Kumpanya, o sa pamamagitan ng sulat na ipapadala sa rehistradong liham o nabayaran nang liham sa iyong pahatirang sulat na iyong ibinigay sa talaan ng Kumpanya. Ang abisong ito ay ituturing nang naibigay makalipas ang 48 na oras matapos maipadala (kapag ipinadala sa pamamagitan ng rehistradong liham o o nabayaran nang liham) o isang oras matapos ipadala (kapag ipinadala sa pamamagitan ng email).
  • Maaari kang magbigay ng abiso sa Kumpanya (ito ay ituturing na naibigay kapag natanggap ng Kumpanya) sa papagitan ng pagsulat na pinadala sa tagapagpadala ng sulat o rehistradong liham sa Kumpanya gamit ang contact details na nakalagay sa Aplikasyon.

18. Paglilipat

  • Ang kasunduan na ito sa pamamatigan ng mga Tutunin sa Paggamit na maaaring mabago kapag kinakailangan ay hindi mo maaaring ilipat sa iba ng walang paunang nakasulat na pahintulot mula sa Kumpanya, ngunit maaari itong ilipat ng Kumpanya ng walang pahintulot mula sa iyo.
  • Ang anumang paglilipat na iyong gagawin na labag sa seksyon na ito ay walang bisa mula sa simula.

19. Pangkalahatan

  • Ang kasunduan na ito ay sumasailalim sa batas ng Pilipinas, nang walang pagsasaalang-alang sa mga probisyon ng pagpili ng batas o sa mga probisyon sa pagsasalungat ng mga batas ng anumang hurisdiksyon, at anumang hindi pagkakasundo, aksyon, paghahabol, o sanhi ng reklamo na nagmumula o may kaugnayan sa Tuntunin ng Paggamit na ito o ng Serbisyo ay idudulog sa Philippine Dispute Resolution Center Inc. (PDRC), alinsunod sa mga panuntunan ng PDRC na ipinapatupad sa panahon ng simula ng arbitrasyon (ang “Mga Panuntunan”) sa pamamagitan ng isang arbitrador na itatalaga ng magkabilang panig sa isang kasunduan (ang “Arbitrador”). Kung ang mga panig ay hindi magkasundo sa pagtalaga ng arbitrador, ang Arbitrador ay itatalaga ng Pangulo ng PDRCI alinsunod sa Mga Panuntunan.
  • Ang upuan at lugar ng arbitrasyon ay sa Maynila, sa wikang Ingles at ang kabayaran sa Arbitrador ay pantay na paghahatian ng magkabilang panig, sa kundisyon na ang Arbitrador ay maaaring mag-atas na ang kabayaran ay aakuin sa anumang paraan na mapagpapasyahan ng Arbitrador upang maipatupad ang probisyong ito ukol sa arbitrasyon nang naaayon sa batas.
  • Walang magkasamang pagnenegosyo, pagsosyo, pagtratrabaho, o ahensya na umiiral sa pagitan mo, ng Kumpanya at sinumang ikatlong partido bilang resulta ng Tutunin ng Paggamit o paggamit ng Serbisyo.
  • Kung alinmang probisyon sa Tuntunin ng Paggamit na ito ay napag-alamang walang bisa at hindi maipapatupad, ang probisyon na ito ay tatanggalin at ang mga natitirang probisyon ay ipapatupad sa pinakaganap na paraan na naaayon sa batas. Ito rin ay gagamitin nang walang limitasyon sa mga probisyon sa itaas tungkol sa angkop na batas at hurisdiksyon.
  • Ang hindi pagpatupad ng Kumpanya ng anumang karapatan o probisyon sa mga Tuntunin ng Paggamit na ito ay hindi mangangahulugan ng pagwawaksi ng nasabing karapatan o probisyon maliban kung kikilalanin at sasang-ayunan ng Kumpanya sa isang kasulatan.
  • Ang mga Tuntunin sa Paggamit na ito ay sumasaklaw sa buong kasunduan sa pagitan mo at ng Kumpanya at pinapalitan ang lahat ng nauna o magkakaalinsabay na pag-uusap, nakasulat man o sinabi (kung mayroon man) sa pagitan ng magkabilang panig paukol sa paksang nakapaloob dito.

20. GrabPay Prepaid MasterCard

  • Ang mga gumagamit ng GrabPay Wallet na nakakumpleto ng angkop na pagsusulit sa pagkakakilanlan ayon sa Seksyon 5 ay makakapagrehistro para sa prepaid Mastercard na nakakonekta sa kanilang GrabPay Wallet (“GrabPay Card”) sa pamamagitan ng Aplikasyon. Ang Kumpanya ay lisensyado ng MasterCard na mag-isyu ng GrabPay Card, na magpapahintulot sa mga gumagamit na makapag-transaksyon gamit ang kanilang balanse sa GrabPay online at offline sa mga mangangalakal na MasterCard o “retail points” sa buong mundo at/o Overseas GrabPay Wallet(s) (na inilalarawan sa ibaba), at kung saan akma para mag-withdraw ng cash mula sa mga ATMs na lokal at nasa ibang bansa (“GrabPay Card Services”).
  • Ang paggamit ng GrabPay Card at GrabPay Card Services ay dapat naaayon sa Terms of Use. Nirereserba ng Kumpanya and karapatan nito na ayusin, baguhin, o ikansela ang kahit ano mang “feature” at benepisyo ng GrabPay Card ng walang maagang pasabi.
  • Maari kang mag-aplay ng birtwal at/o pisikal na GrabPay Card gamit ang Aplikasyon. Maari kang hingan ng naaangkop na dokumento na may larawan para sa pagkakakilanlan kapag ikaw ay nagrehistro at ang Kumpanya ay maari ring humingi na karagdagang impormasyon pag kinakailangan. Ang Kumpanya ay may karapatan tanggapin o tanggihan ang iyong pagpaparehistro para sa GrabPay Card Services. Ang mga bayarin, exchange rate, singil, komisyon, at ibang gastos na may kaugnayan sa pagrehistro ng GrabPay Card at paggamit ng GrabPay Card Services ay ipapaalam sayo sa anumang oras sa pamamagitan ng Aplikasyon o sa ibang pamamaraan ng naayon sa Seksyon 17.
  • Bilang karagdagan sa birtwal na GrabPay Card na kasama sa Aplikasyon, maari ka ring kumuha ng pisikal na GrabPay Card na ipapadala sa iyo gamit ang post. Pagkatanggap ng pisikal na GrabPay Card, kailangan mo itong i-activate sa Aplikasyon ng walang pagkakaantala at pumirma sa signature panel kung naangkop. Kung ang pisikal na GrabPay Card ay napinsala o may sira, maari kang kumuha ng kapalit or panibagong GrabPay Card na may karampatang bayarin.
  • Ang na-isyu na GrabPay Card ay may bisa ayon sa petsa na nakasaad sa harap ng iyomg GrabPay Card, na maaring awtomatikong ma-renew, ma-isyu muli, ma-suspindi, mawakas o ma-reactivate ng Kumpanya na may karampatang bayarin o paubaya. Ang pagwawakas ng GrabPay Wallet account ay magreresulta sa awtomatikong pagwawakas ng GrabPay Card. Habang may bisa, maari mong i-deactivate, suspendihin or wakasan ang GrabPay card gamit ang Aplikasyon o sa pamamagitan ng pagtawag sa GrabPay Card helpline Tel. number: +63 (0)2-8837100.
  • Ang GrabPay Card na inisyu sa iyo ay nakalakip sa balanse ng iyong GrabPay Wallet. Ang GrabPay Card ay maari ring nakaugnay sa ibang GrabPay Wallet(s) na hawak mo at pinamamahalaan ng GrabPay Terms of Use ng karampatang bansa (“Overseas GrabPay Wallet”).
  • Ang GrabPay Card ay maaring gamitin sa mga transaksyon sa mga MasterCard na mangangalakal o “retail points” sa buong mundo sa parehong Philippine Peso at dayuhan na currency na awtomatikong mababawas sa natitirang balance sa iyong GrabPay Wallet. Ang transaksyon sa GrabPay Card gamit ang isang dayuhan na currency kung saan ikaw ay may hawak na Overseas GrabPay Wallet ay madidirekta sa Overseas GrabPay Wallet para sa pagbabayad. Kung sakaling hindi sapat ang balanse sa Overseas GrabPay Wallet, ang kabuuang halaga ay babayaran gamit ang Philippines Peso gamit and exchange rate na inatas ng Kumpanya.
  • Ang pinakamataas na balanse at limitasyon ng credit ng GrabPay Card ay naayon sa pinakamataas na halaga ng GrabPay Credits na maaring hawakan ng isang gumagamit ng GrabPay Wallet sa anumang oras. Maari ka ring maglagay ng limitasyon sa iyong transaksyon gamit ang Aplikasyon.
  • Ang GrabPay Card ay hindi maaring isama bilang pinagmulan ng pondo sa ibang GrabPay Wallet maski sa Pilipinas o sa ibang bansa.
  • Walang transaksyon gamit ang GrabPay Card na magreresulta sa zero o negatibong balanse ng mga gumagamit ng GrabPay wallet ang ipapahintulot. Kung hindi sapat ang pondo na nasa GrabPay Wallet para bayaran ang transaksyon, ang GrabPay Card transaksyan ay tatanggihan. Ikaw ang magiging responsable sa pag-alam sa iyong balanse at sa paninigurado na mayroon kang nararapat na pondo para sa lahat ng iyong GrabPay Card transaksyon.
  • Ang pisikal na GrabPay Card ay maaring mapagana gamit ang withdrawal function na gamit sa lokal at/o sa ibang bansang ATM withdrawal kung saan tinatanggap ang Mastercard. Ang naangkop na mga singil para sa withdrawal ay maaring mag-apply.
  • Ang GrabPay Card ay may sistemang pangseguridad ng Kumpanya at Mastercard kabilang ang 3DS, dynamic CVV capability, at Chip & PIN. Ikaw ay may responsibilidad na siguruhin ang pangangalaga, seguridad, at hindi ka dapat pumayag na ipagamit ang iyong GrabPay Card sa mga taong hindi awtorisado. Nirereserba ng Kumpanya ang karapatan nito na harangan o paghigpitan ang mga transaksyon na maituturing na mataas ang panganib o kahina-hinala at karapatan nan a isuspindi or tapusin ang GrabPay Card.