TERMS OF SERVICE: PAYLATER BY GRAB

Dated: 31 October 2022

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 Service. You further agree to the representations made by yourself below. If you do not agree to, or do not fall within the Terms of Service, and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service. 

The terms of service stated herein (the “Terms of Service“) constitute a legal agreement between you and GTECH (T) CO., LTD. (the “Company“), which is an affiliate of Grabtaxi (Thailand) Co., Ltd. (“Grab”) operating Grab Application within Thailand. 

By using the Grab mobile application supplied to you by the Company and/or its affiliates (the “Application“), and downloading, installing, or using any associated software supplied by the Company and/or its affiliates (the “Software“) which overall purpose is to enable persons seeking to establish an account with the Company and use the PayLater by Grab, the credit limit offered by the Company for you to defer the payment for goods or services offered by Grab or our partner merchant (the “PayLater by Grab”, “PayLater” and generally, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Service, and any future amendments and additions to the Terms of Service as published from time to time at http://www.grab.com or through the Application. You hereby expressly acknowledge and agree to be bound by the Terms of Service, and any future amendments and additions to the Terms of Service as published from time to time at http://www.grab.com or through the Application. 

1.    General Terms

1.1     You have completely read and understood the details of the Terms of Service and agree to use PayLater by Grab by means of electronic methods via mobile, internet network or any other electronic system prescribed by the Company.

1.2     Unless otherwise specified in these Terms of Service, any new features of PayLater by Grab (launched after the date of these Terms of Service) shall be considered an integral part of these Terms of Service.

1.3     The Company, at any time, reserves the rights to permanently and/or temporarily modify or terminate its Service (either in whole or in part) and notify users through any channels which the Company deems fit. 

2.     Registration of PayLater by Grab

2.1     To apply for an account of PayLater by Grab as a new user (i.e. no previous PayLater account has been held with the Company), you shall download the Grab Application and register and maintain a GrabPay Wallet account in accordance with the Terms of Service of Payment. You shall consent to share relevant data from GrabPay Wallet (including but not limited to your verified full name, date of birth, and national ID no.) to the Company for the purpose of registering and opening your PayLater by Grab account and other relevant purposes for using this Service. 

2.2     You shall select your available credit/debit card as your payment method for the auto-deduction and/or repayment of the PayLater bill (once activated). Please note that you may change your linked credit/debit card or add new credit/debit card or payment method afterwards. 

2.3     You hereby acknowledge that only one mobile number and one national identification number may be used per one PayLater by Grab registration.

2.4     The Company shall verify and identify your personal data and shall assess your suitability and eligibility for the purpose of granting the credit limit. Upon acceptance by the Company, you will receive PayLater by Grab agreement, a revolving loan agreement, between the Company as a lender and you as the borrower (“PayLater by Grab Agreement”). You agree to be bound by the terms and conditions of the PayLater by Grab Agreement, including any requirements or notification related thereto and agree to read and follow these Terms of Service together with the PayLater by Grab Agreement.

2.5     Credit limit as prescribed in the PayLater by Grab Agreement as amended from time to time (“Credit Limit”) is the maximum amount of credit facilities as determined by the Company to be utilized by the user as a borrower for the purpose and in terms and conditions as prescribed by the Company in the PayLater by Grab Agreement, the Application and/or notified by the Company as it deems appropriate.

2.6     You hereby acknowledge and agree that the Company has its sole discretion to reject or accept your application for the Service and/or determine or adjust the Credit Limit given to you.

3.     Use of PayLater by Grab

3.1     PayLater by Grab can only be used with Grab’s services and our partners within Thailand.

3.2     For each PayLater transaction, you agree to repay the outstanding amount on the agreed repayment schedule with the interest or fee (if any) per the repayment plan selected by you, in the manner as prescribed by the Company. 

3.3     If you wish to refund any goods or services purchased using PayLater by Grab, such refund is subject to the refund process and/or terms prescribed by the relevant third-party merchant, which such merchant shall submit a refund request to the Company. Upon the refund approval, the Company, at its sole discretion, may refund the refunded amount to your linked credit/debit card or apply such refunded amount to reduce any outstanding amount under PayLater between you and the Company, which if the refunded amount is greater than the outstanding amount, we shall refund such difference to you. Please note that the processing time to receive your refund will be varied based on your bank’s process or payment method.

3.4     The Company reserves its right to immediately suspend or terminate your use of PayLater if you miss any repayment schedule, breach any terms of these Terms of Services and/or PayLater by Grab Agreement or the Company has reasonably suspect that you breach any terms of these Terms of Services and/or PayLater by Grab Agreement. Your eligibility to use PayLater by Grab is subject solely to the assessment and determination by the Company.    

3.5     If you have further questions regarding the use of PayLayter by Grab, you may further refer to the Help Centre (https://help.grab.com/passenger/en-th/) as may be updated from time to time by the Company.

4.     Electronic Transaction

4.1     You hereby agree and acknowledge that these Terms of Service and any correspondence relating to PayLater between you and the Company are considered electronic transactions in accordance with applicable laws and regulations.

4.2     In the process of applying for PayLater account or making any transaction relating to PayLater, the Company may require you to confirm your PIN (Personal Identification Number), OTP (One Time Password) or click accept via your account (as applicable) for confirming that you are a person executing an electronic transaction or providing an electronic signature for such electronic transaction. Such PIN, OTP and/or action shall be deemed as your e-signature in accordance with applicable laws and regulations and can be used as evidence in court proceedings. 

4.3     Once you have completely executed any transaction in accordance with this clause, you acknowledge and agree that such transaction cannot be terminated, revoked, amended or modified. You agree to be bound by such transaction in all respects. 

4.4     If there are any transactions executed via your PayLater account with the use of your account, PIN or OTP (either by yourself or any person allowed by you to use ), intentionally or negligently, it shall be deemed that such transaction is completed and binding upon you as if it was done by yourself in all respects. 

4.5     If there is any damage incurred by the use of your account, PIN or OTP in accordance with the conditions of this clause, you agree to be liable for such damage in all respects. The Company shall not be liable for damage incurred by execution of any transaction in accordance with this clause. You hereby waive all rights to claim against the Company for any damages. 

5.     Representations and Warranties 

5.1     By using the Service, you hereby represent and warrant that 

  • You hold Thai nationality and are at least 20 years old;
  • you are competent and have the right, authority and capacity to use the Service and to abide by these Terms of Service; 
  • All the information which you provide to the Company are true, accurate and up to date. All documents submitted by you in any form are true and correct copies; and 
  • There are no arrangements or events which would breach any term of these Terms of Service and would cause any adverse effect to the Company or any of its asset.

5.2     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 Thailand or otherwise in the country, state and city in which you are present while using the Service. 

5.3     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. 

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

  • You will only use the Service for lawful purposes; 
  • You will only use the Service for the purpose for which it is intended to be used; 
  • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes; 
  • You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings; 
  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service; 
  • You will not impair the proper operation of the network; 
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third-party transportation provider; 
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company; 
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party; 
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service; 
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You 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 these Terms of Service. 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 these Terms of Service 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 PayLater account; 
  • 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 consumers; 
  • You agree that the Service is provided on a reasonable effort basis; and 
  • You agree to abide by the terms of the Acceptable Use Policy (below) in relation to your use of the Service. 

6.     Acceptable Use Policy 

6.1     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 Service. 

6.2     You agree not to use the Service in such a manner that you violate any law, statute, ordinance or regulation. 

7.     Taxes 

7.1     You agree these Terms of Service 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. 

7.2     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 these Terms of Service. 

7.3     You agree that details of your PayLater account and all transactions thereunder may be provided on request to any tax authorities either in Thailand or overseas where the purpose of such request is the lawful payment of tax obligations and/or the identification of assets for taxation.

8.     License Grant & Restrictions 

8.1     The Company is a licensee of GrabTaxi Holdings Pte. Ltd. (Singapore Company No. 201316157E) and GP Network Asia Pte Ltd. (Singapore Company No.201702285G) both having their registered addresses at 6 Battery Road 38-04 Singapore 049909 in relation to the provision of the Application. 

8.2     The Company, its affiliates and its licensors including GrabTaxi Holdings Pte. Ltd. and GP Network Asia 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 Service herein. All rights not expressly granted to you are reserved by the Company and its licensors. 

8.3     You hereby agree that you shall not: 

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

8.4     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, libellous, 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 
  • abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable. 

9.     Intellectual Property Ownership 

9.1     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. 

9.2     These Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. 

9.3     The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third-party merchants or transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company and/or its affiliates, and no right or license is granted to use them. 

9.4     For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety. 

10.     Data Privacy & Personal Data Protection Policy 

10.1     You agree and consent to the Company and/or the Group (as defined below) collecting, using, disclosing and processing your Personal Data for the Purposes and in the manner as identified hereunder and in accordance with the Company’s Privacy Notice accessible at https://www.grab.com/th/privacy/. 

10.2     For the purpose of this Terms of Service, “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 and/or the Group from time to time in registration forms, application forms or any other similar forms by any means and/or any information about you that has been or may be collected, stored, used and processed by the Company and/or the Group or other sources in accordance with applicable data protection laws and regulations.

10.3     The provision of your Personal Data is voluntary. However, if you do not provide your Personal Data to the Company and/or the Group, 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 pursuant to any contract entered with you or this Terms of Service. 

10.4     In addition to the Purposes set out in the Company’s Privacy Notice, the Company and/or the Group may use, collect, disclose, and process your Personal Data for the following purposes (the “Additional Purposes”): 

  • to perform the Company’s obligations in respect of any contract entered with you;
  • to provide you with any Service pursuant to this Terms of Service;
  • to process, manage or verify your application for the Service pursuant to the Terms of Service herein; 
  • to validate and/or process payments pursuant to the Terms of Service herein; 
  • to process any refunds, rebates and or charges pursuant to the Terms of Service herein; 
  • to facilitate or enable any checks (including credit checks and compliance with know-your customer obligations) as may be required pursuant to the Terms of Service herein; 
  • 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 Thailand or overseas);
  • 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;
  • to respond to questions, comments, feedback and inquiries from you or related parties;
  • for the Company and/or the Group to comply with its obligations under applicable law or regulations or regulatory expectations (whether in Thailand or overseas including disclosing such Personal Data to Thailand and overseas law enforcement agencies or courts); and
  • in accordance with any applicable laws or regulations permitting the Company and/or the Group to 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.

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

  • to process your participation in any events, promotions, activities, focus groups, research studies, contests, 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 and/or the Group, its partners, advertisers and or sponsors; and/or
  • to notify and invite you to events or activities organized by the Company and/or the Group, its partners, advertisers, and or sponsors.

10.6     In accordance with applicable laws and regulations, you may be entitled to:

  • ask the Company about the processing of your Personal Data, including to be provided with a copy of your Personal Data;    
  • request the correction and/or (in some cases) deletion of your Personal Data;
  • in some cases, request the restriction of the processing of your Personal Data, or object to that processing;
  • withdraw your consent to the processing of your Personal Data (where we are processing your Personal Data based on your consent);
  • request receipt or transmission to another organisation, in a machine-readable form, of the Personal Data that you have provided to us where we are using your Personal Data based on consent or performance of a contract; and 
  • complain to the relevant data privacy authority if your data privacy rights are violated, or if you have suffered as a result of the unlawful processing of your Personal Data.

If you wish to make a request to exercise your rights, you can contact us through our contact details via email at dataprotection@grab.com

10.7     In addition to the parties set out in the Company’s Privacy Notice under the section entitled “Disclosure of Personal Data”, the Company may disclose 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 and Group’s agents, third party providers, assignees, auditors, developers, advertisers, partners, event companies or sponsors having entered in to a contract with the Company. You also agree to authorize such recipients of information from the Company to collect, use and disclose such information under said Purposes/ the Additional Purposes, and send and/or transfer such information to keep on a server/cloud in other countries.  

10.8     The Company and/or the Group reserves the right to transfer your Personal Data to its affiliates, the Group and outsources whether in Thailand or overseas in accordance with applicable laws and regulations. 

10.9     You certify that any documents, information or details that have appeared and/or been delivered to the Company and/or the Group in any format, either by you or your assignee, are complete, true and up-to-date, and they can be used by the Company and/or the Group to provide services and for updating the Company’s system.

11.     Third Party Interactions 

11.1     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. 

11.2     Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. 

11.3     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. 

11.4     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. 

11.5     The Company provides the Service to you pursuant to the Terms of Service. 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 Service 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. 

12.     Indemnification 

By agreeing to the Terms of Service 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 Service 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. 

13.     Limitation of Liability 

13.1     The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the Service, the Application and/or the Software. 

13.2     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. 

13.3     The Services are provided to you strictly on an “as is” basis. 

13.4     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 Thai law. 

13.5     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 other 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. 

13.6     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. 

14.     Termination 

14.1     You may terminate your PayLater account by contacting or submitting a request via in-app Help Center, provided that there is no outstanding payment under your PayLater account or PayLater by Grab Agreement. You shall follow Company’s procedures to close the account. Grab support agent verifies your request submitted to the relevant team to process and terminate your account as per request within an appropriate timeline. 

14.2     You hereby agree that these Terms of Service and your PayLater account shall be terminated immediately in the event that you are: 

  • declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration; 
  • found in default of your debt obligations to a licensed bank by a Thai court; 
  • found to be a designated person with respect to the Sanction Lists applicable to the Company;
  • detected to use any rooted/jailbroken mobile devices to access the Company’s Application;
  • deceased; or 
  • found to be in breach of any of the terms stipulated in these Terms of Service and/or the PayLater by Grab Agreement. 

14.3     You hereby agree that the Company is entitled to terminate these Terms of Service and the PayLater by Grab Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in these Terms of Service.

14.4     Upon the termination, you agree to pay immediately all and any outstanding amount under your PayLater account or the PayLater by Grab Agreement in full to the Company.

15.     Complaints About Use of the Service 

You 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 via the following messaging service: https://help.grab.com/passenger/en-th. You agree to raise any complaints and disputes about incorrect Service within one month of the transaction, or of you becoming aware of the fraudulent usage of the PayLater by Grab, whichever is earlier.

16.     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). 

17.     Assignment 

These Terms of Service as modified from time to time may not be assigned by you in whole or in part but may be assigned by the Company, in whole or in part, without your consent by notifying you in advance. Any purported assignment by you in violation of this section shall be void. 

18.     General 

18.1     The Terms of Service shall be governed by and construed in accordance with the laws of the Kingdom of Thailand and the court of Thailand shall have non-exclusive jurisdiction to adjudicate any dispute arising under or in connection with the use of Services under the Terms of Service. 

18.2     The Terms of Service may be partly or wholly amended, modified or varied from time to time as published at http://www.grab.com or through the Application. The Company will notify you of such amendment, modification, variation or addition.

18.3     In the event of any conflict or inconsistency between these Terms of Service and PayLater by Grab Agreement, terms of the PayLater by Grab Agreement shall prevail to the extent of such conflict or inconsistency, unless expressly specified herein. 

18.4     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 Service or use of the Service.

18.5     If any provision of the Terms of Service 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. 

18.6     The failure of the Company to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Service comprise 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.