Last modified: 23 May 2018
THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION, FOOD AND BEVERAGE, COURIER OR DELIVERY SERVICES. THE COMPANY IS NOT A FOOD AND BEVERAGE MERCHANT, COURIER OR DELIVERY SERVICE PROVIDER, OR TRANSPORTATION SERVICE PROVIDER. THE COMPANY USES A NETWORK OF INDEPENDENT THIRD-PARTY FOOD DELIVERY SERVICE PROVIDERS/ CONTRACTORS (“DELIVERY SERVICE PROVIDER”) PROVIDE FOOD DELIVERY SERVICES TO APPLICATION USERS AND FOOD AND BEVERAGE SERVICE PROVIDERS AVAILABLE ON OUR APPLICATION (“MERCHANT”).
IT IS UP TO EACH BIKER TO OFFER AND PROVIDE FOOD DELIVERY SERVICES TO YOU. THE MERCHANTS ALSO OPERATE INDEPENDENTLY OF THE COMPANY. THE SERVICE OF THE COMPANY DOES NOT NOR IS IT INTENDED TO PROVIDE FOODS AND/OR DELIVERY SERVICES. THERE WILL BE NO ACT OF THE COMPANY THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A MERCHANT OR DELIVERY SERVICE PROVIDER. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY DELIVERY SERVICE PROVIDER OR MERCHANT. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE MERCHANT’S FOOD PREPARATION, FOOD HYGIENE AND SAFETY AND THE COMPANY DOES NOT VERIFY THEIR COMPLIANCE WITH APPLICABLE LAWS OR FOOD HYGIENE AND SAFETY REGULATIONS.
1. Representations and Warranties
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 Service, the Application and/or the Software for sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Service, the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings and/or orders;
- You will not use the Application and/or the Software for purposes other than obtaining the Service;
- You will not use the Service, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, Application user or Delivery Service Provider, unless the Company has given you specific consent to do so in writing;
- You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Service except for your personal, noncommercial use;
- You will not copy any content displayed through the Service and/or the Application, including but not limited to Merchants’ menu content and reviews, for republication in any format or media;
- You shall not contact the third party transportation 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 damages to the Delivery Service Provider;
- You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
- You will not copy, or distribute the Software or other content without written permission from the Company;
- You will only use the Software and/or the Application for your own use and will not resell either the Software or Service to a third party;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
- You will provide the Company with proof of identity as it may reasonably request or require;
- You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
- You will only use an access point or data account which you are authorized to use;
- You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing passengers or customers;
- You are aware that when requesting food delivery services by SMS or use of the Service, standard telecommunication charges will apply;
- You shall not 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 are responsible for ensuring that RECEIVER NAME, CONTACT and DELIVERY ADDRESS are included accurately into the “Notes to Driver” column on the Application. The Company shall not be liable in the event of late or non-delivery of the foods that you order by reason of erroneous delivery details as aforesaid.
You shall solely be liable for demurrage or loss, damage, contamination, soiling or detention, before, or after the delivery of foods (including but not limited to containers) or any person referred to herein caused directly or indirectly by you or any person acting as servants, representatives or independent contractors for or on behalf of either of them.
The third party Delivery Service Provider retains the right to refuse delivery, for example, if the food item is not packed well, above 5kg or larger than 32x25x12cm.
The Application allows you to place food order and delivery bookings and the Delivery Service Provider will, subject to the terms and conditions set out herein, enable the purchase of such order at the relevant Merchant and the delivery of such order to you.
The Company do not own, sell, resell on its own and/or do not control the Merchants, the Delivery Service Providers or the related services provided in connection thereof. 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 Provider.
As a general rule, all food delivery booking placed on the Application are treated as confirmed. However, upon your successful completion of booking, the Delivery Service Provider may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and 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 Delivery Service Provider regarding to the amendment and/or cancellation of food orders that made by you where such arrangement is not proceeded via the Application.
In addition to the foregoing, the Delivery Service Provider may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that the Company and the 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 and such event the provisions of the cancellation and refund policy below shall be applicable.
The prices reflected on the Application are determined solely by the Merchant and are listed for information only.
Prices of food on any product(s) as is reflected on the Application may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel such your order(s).
The Merchant shall be solely responsible for any warrantee/guarantee of the food products sold to you and in no event shall 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, the Delivery Service Provider shall have a right to charge you the delivery fee if the foods you order have not been served by the Merchant. It’s your liability to pay the food order value in full where (i) cancellation is made by you after the Merchant starts food preparation or (ii) you do not show up at delivery or (iii) you are unreachable physically or via phones after 10 minutes as from the Delivery Service Provider arrives the destination designated by you via Application.
The Delivery Service Provider will have the sole right to not proceed your booking in the following circumstance:
- in the event of the designated address falls outside the delivery zone offered on the Application;
- failure to contact you by phone or email at the time of confirming the order booking;
- failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
- unavailability of all the items ordered by you at the time of booking the order.
Payment of the food delivery service and food orders shall be made by you directly to the Delivery Service Provider in cash at delivery.
5. GrabRewards Loyalty Programme
- By using the Application, you will automatically be a member of the loyalty programme named “GrabRewards Loyalty Programme” operated by the Company and/or its Affiliates (“GrabRewards Loyalty Programme”).
- As a member of the GrabRewards Loyalty Programme, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by the Company and/or third party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”).
- The Company may, at its sole and absolute discretion, award you points (“Points”) which can be used to redeem for Rewards upon the completion of GrabFood qualifying transportation services booked via the Application in Vietnam.
- The Company may at its sole and absolute discretion, issue you 1 Point for every VND10,000 that you spend on qualifying GrabFood transportation services in Vietnam (promotion code discounts, fare discounts redeemed from Rewards or other fare adjustments applied in connection with the qualifying GrabFood transportation services excluded). For instance, if your GrabFood ride costs VND100,000 and you received a VND50,000 discount, the Company, may at its sole and absolute discretion, issue you 5 Points on VND50,000.
- 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 VND24,000 on a GrabFood ride, the Company, may at its sole and absolute discretion, issue you 2 Points but if you spent VND25,000 on a GrabFood ride, the Company, may at its sole and absolute discretion issue you 3 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 GrabFood ride costs VND9,000 and you received a VND1,000 discount, the Company, may at its sole and absolute discretion, issue you 1 Point on the VND8,000 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 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, re-sold 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.
- 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 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:
Requisite Points to be earned between 1 January to 30 June or 1 July to 31 December in a calendar year
- 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.
- To the extent as permitted by applicable laws, the Company at any time, without prior notice to you and at its sole discretion, 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 GranFood 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;
- 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.
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.
7. License Grant & Restrictions
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 to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
8. IntellectualProperty Ownership
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.
10. Personal Data Protection
You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):
- To perform the Company’s obligations in respect of any contract entered with you;
- To 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 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.
11. Third Party Interactions
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 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.
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 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.
15. 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 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 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 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 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.
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.
In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts of Vietnam or where judgment of a Vietnamese court is unenforceable in the Alternate Country, unresolved disputes shall be referred to the Vietnam International Arbitration Centre (“VIAC”), in accordance with the Rules of the VIAC 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 VIAC in accordance with the Rules.
The seat and venue of the arbitration shall be Vietnam, in Vietnamese 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.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from any third party service provider under this Agreement.
The Company is a licensee of GrabTaxi Holdings Pte Ltd (Company No. 201316157E and having its registered address at 6 Shenton Way, #38-01 OUE Downtown, Singapore 068809) for the Application.