Effective as of: October 9, 2024
I. TERMS OF SERVICE AND GRAB INDONESIA POLICIES
Section A – General Terms
1.Introduction
1.1. Please read these Terms of Service carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Service which are applicable to you.
1.2 If You are accessing the Application and/or placing an order for Solutions from a certain territory in Indonesia in which Grab cooperate with local business partner to facilitate the provision of Solutions to You (the Indonesia Local Territory), please refer to the Terms of Services set out in the Section II – General Terms for the Indonesia Local Territory (as below).
1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Terms of Service and Grab Policies applicable in the Alternate Country which can be found at https://www.grab.com as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Service and Grab Policies in the Alternate Country.
2.1 These Terms of Service and the Grab Policies (as defined) constitute a legally binding agreement between you and Grab (as defined). The Terms of Service and the Grab Policies apply to your use of the Service (as defined) provided by Grab. If you do not agree to the Terms of Service and/or the Grab Policies please do not use or continue using the Application, the Platform, the Software or the Service, or cancel your registration as the Local Partner Driver (if you are Partner) or the Consumer (if you are the Consumer).
2.2. Grab may amend the terms in the Terms of Service and the Grab Policies at any time. Such amendments shall be effective once they are posted on http://www.grab.com or the Application or relevant Platform. It is your responsibility to review the Terms of Service and the Grab Policies regularly. Your continued use of the Service after any such amendments shall constitute your agreement to be bound by such amendments.
2.3. GRAB IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR CONSUMERS TO OBTAIN SOLUTIONS (AS DEFINED BELOW) PROVIDED BY PARTNER. GRAB’S ROLE IS MERELY TO LINK THE CONSUMER WITH SUCH PARTNER. GRAB IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY PARTNER, AND ANY LIABILITY IN RELATION TO SUCH SOLUTIONS SHALL BE BORNE BY THE PARTNER. PARTNERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF GRAB AND THE SOLUTIONS PROVIDED BY PARTNERS SHALL NOT BE DEEMED TO BE PROVIDED BY GRAB.
3.Definitions
In these Terms of Service, the following words shall have the meanings ascribed below:
3.1. “Application” means the relevant mobile application(s) made available by Grab (or its licensors) for download by Consumers and/or Partner(s) as applicable or any third-party mobile application through which bookings for the Solutions can be made;
3.2. “Consumer” or “User” means any end-user who accesses or uses the Application and/or the Platform to search for and make booking of the Solutions;
3.3. “Consumer Charges, Other Consumer Charges and Order Fees”
3.3.1 “Consumer Charges” means charges incurred by Consumers for the Solutions provided by Partner through the use of Service, and any other fees or charges that may be due for a particular use of the Service or Solutions;
3.3.2 “Other Consumer Charges” means charges incurred by Consumers apart from Consumer Charges, including but not limited to, toll fees, taxes, Order Fees and/or Platform Fees, and other applicable fees or charges arising from the use of certain Services or Solutions;
3.3.3 “Order Fees” / “Platform Fees” means fees charged by Grab to the Consumers for the usage of the Service and development of the Platform (including but not limited to improving the quality of the Service, updating features and/or technology, and other necessary development for the Platform related to the Service);
3.3.4. “Foreign Service Fee” means a fee imposed by Grab to maintain the required connectivity and platform to enable payment using debit or credit cards issued outside of Indonesia.
3.4. “Partner Service Fee” means the service fee which shall be paid by Partner to Grab for the use of the Application, as further stipulated in Article 6.1 below;
3.5 “You” or “you” refers to Consumer and/or Partner as may be applicable;
3.6. “Grab” or “We” means PT Grab Teknologi Indonesia, which operate the Platform and/or the Application for the facilitation of booking of on-demand services provided by the Partner, for example: GrabCar, GrabBike, GrabFood and other services made available for booking in the Platform or the Application;
3.7. “Affiliates” means with respect to any entity, any other entity controlling, controlled by or under common control with such entity. For the purpose of this definition, “control” (including the terms “controlling”, “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise.
3.8. “Grab Policies” means the following:
3.8.1. the Privacy Policy;
3.8.2. the Transport Driver and Delivery Driver Code of Conduct, as may be applicable; and
3.8.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
3.9. “Partner” means an independent third party (not affiliated with Grab) that provides related Solutions to Consumers through the Service. Partners in this regard including but not limited to (a) Transport Driver and/or Delivery Driver classified as “small and medium enterprises” or as “micro, small, medium enterprises” under the prevailing laws (“MSMEs”), (b) Delivery Service Providers, (c) MSME Merchant Partners and non-MSME Merchant partners which sell certain goods (e.g. food & beverages) and services ; and (d) other providers of goods or services, as relevant.
3.10. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
3.11. “Platform” means the relevant Grab technology platform, portal or website that, when used in conjunction with the Application, enables Consumers to request or access Solutions;
3.12. “Platform Content” means every content provided in the Platform or part of such Platform;
3.13. “Privacy Policy” / “Privacy Notice” means our privacy policy accessible at: https://www.grab.com/id/en/privacy as amended from time to time;
3.14. “Service” means such services provided by Grab, whether through itself or through its Affiliates;
3.14.1 to connect: (i) Consumers to the Partners; (ii) Consumers to SPI; and (iii) Delivery Driver to SPI, for the facilitation of Solutions provided by the Partner to Consumervia the Application, Platform and/or Software; and/or
3.14.2 to facilitate Partner to use Partner’s wallet.
3.15. “Software” means any software associated with the Application which is made available for download by Consumers and Partners;
3.16. “Solutions” means variety of on-demand transportation, delivery services, and/or other on-demand services made available to Consumers and/or Partner through the Application and/or the Platform from time to time, for example: GrabCar, GrabBike, GrabFood (each a “Solution”):
3.17. “Transport Driver” means, as applicable, You who has submitted the online or offline registration, and agree under the Terms of Service and Grab Policies as Grab’s driver partner, to provide on-demand transportation services;
3.18. “Delivery Driver” means, as applicable, You who has submitted the online or offline registration, and agree under the Terms of Service and Grab Policies as SPI’s delivery partner, to provide on-demand delivery services;
3.19. “Merchant” means, as applicable, You who has submitted the online or offline registration, and agree to be a merchant partner of Grab under this Terms of Service, Grab Policies and the relevant merchant commercial agreement (including General Terms and Conditions for Merchant stated at https://www.grab.com/id/en/merchant/food/merchant-terms/) (General Terms and Conditions for Merchant”);
3.20. “Kudo Merchant” means partner affiliated with Grab (i.e. PT Kudo Teknologi Indonesia) which sells products for GrabMartDaily and/or GrabMartKilat services on the Platform and/or the Application;
3.21. “Delivery Service Provider” means a corporate business partner which cooperates with Grab and/or Grab Affiliates, which provides delivery services for Solutions under the brand of “GrabExpress”, “GrabFood”, “GrabMart” or other Solutions or brand available in the Application from time to time, which require the delivery services from Delivery Services Provider.
3.22. “SPI” means partner affiliated with Grab (i.e. PT Solusi Pengiriman Indonesia), which provides delivery services for Solutions under the brand of “GrabExpress”, “GrabFood”, “GrabMart” or other Solutions available in the Application from time to time, which require the delivery services from SPI.
3.23. “Transport Base Earnings” is the base earnings received by the Transport Driver Partner to provide transportation services to Consumers, the amount of which is based on Consumer Charges as agreed between Transport Driver Partner and Consumer through the Application.
3.24. “Delivery Base Earnings” is the base earnings received by the Delivery Driver Partner from SPI in providing delivery services for SPI’s Consumer, the amount of which is based on the agreement between Delivery Driver Partner and SPI through the Application.
3.25. “Payment Quick Response Code that has met the Quick Response Code Indonesian Standard” or abbreviated as “QRIS” is a two-dimensional code consisting of three square pattern markers in the lower left corner, the upper left corner, and the upper right corner, has a black module in the form of a square of dots or pixels, and has the ability to store alphanumeric data, characters, and symbols, which are used to facilitate acceptability and implementation of Transactions, which have complied with the Indonesian Standard QR Code.
4.Representations, Warranties and Undertaking
4.1. By using the Service and/or Platform, you represent, warrant and undertake that:
4.1.1. You have legal capacity to agree to this Terms of Service and Grab Policies and that you are at least twenty-one (21) years old. You cannot agree to this Terms of Service and Grab Policies and, hence, cannot use the Service, if you are below twenty-one (21) years old; All the information which you provide shall be true and accurate;
4.1.2. You will only use the Application, Platform and Service for their intended and lawful purposes;
4.1.3. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential. If you share the account password or any identification (including without limitation authentication code) with or otherwise disclose them to any third parties such as your partners, affiliates or employees, you agree that the third parties shall have the authority to act on your behalf (including without limitation indicate your acceptance or your consent to any additional terms as Grab may make available to you whether via the Application or otherwise);
4.1.4. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
4.1.5. You will not try to interrupt or harm the Service, Application and/or the Software in any way;
4.1.6. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
4.1.7. You shall not impair or circumvent the proper operation of the network which the Service operates on;
4.1.8. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require to verify your authorized use of the Service;
4.1.9. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
4.1.10. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Grab or any third party;
4.1.11. When using the Service, you agree to comply with all laws and regulations applicable to you and/or your use of the Service;
4.1.12. You will not copy, or distribute the Software or other content without written permission from Grab;
4.1.13. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during your use of the Application and/or the Platform. You agree that Grab may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Grab has the right to suspend or revoke your access to use the Application and/or the Platform at any time, with or without notice;
4.1.14. You will only use an access point or data account which you are authorized to use;
4.1.15. You agree that the Service is provided on a reasonable effort basis;
4.1.16. You agree to assist Grab with any internal or external investigations as may be required by Grab in complying with any prevailing laws or regulations in place;
4.1.17. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Grab or any other party as a result of your breach of this Terms of Services and/or the Grab Policies.
4.1.18. You will not use the Service for any sexual harassment act/behaviour.
4.1.18.1. You hereby acknowledge and understand that Grab is a fully committed entity for respecting the enforcement of human rights, justice and gender equality, and implementing ZERO TOLERANCE POLICY for ANY KIND AND FORM OF SEXUAL VIOLENCE, to repel any misinterpretation for addressing sexual violence, and to support law enforcement efforts against perpetrators and the recovery of the sexual violence victims. Such commitment includes the prevention and handling of any sexual violence case (including sexual violence against Unaccompanied Minors, as defined below) in the use of Services.
4.1.18.2. You hereby understand that the definition of sexual violence herein is any act of degrading, insulting, attacking and/or other actions against the body, sexual desires, and/or reproductive functions, by force, which is in contrary to the victim’s will, which causes the victim to be unable to give consent in a free state, due of the inequality of power relations and/or gender relations and/or other causes, which results in or can result in physical, psychological, sexual suffering or misery, loss economically, socially, culturally (“Sexual Violence“).
4.1.18.3. You understand and acknowledge that the forms of Sexual Violence stipulated herein is as follows:
| Actions | Explanation |
| Sexual Harassment | “Physical” or “non-physical” actions towards others, which are related to a part of a person’s body, which is related to sexual desire, which results in the other party feeling uncomfortable, intimidated, insulted or humiliated. Further explanation: 1. “Physical” (body contact) is defined including but not limited to, touching, rubbing, poking, cuddling, and/or kissing. 2. “non-physical” (no body contact) is defined including but not limited to, teasing, seducing, whistling, winking, gazing and gazing at a person’s body parts, sexual nuanced discussion/speech, invitation to have sexual relations, displaying pornographic material, showing genitals, recording image or secretly photographing someone’s body. |
| Rape | The act of forcing sexual relations with violence, threats of violence, or guile, or using the condition of someone who is unable to give real consent, including inserting male genitalia into female genitalia, male genitalia into other limbs, or limbs or objects into the female genitalia, rectum, or mouth. |
| Sexual Exploitation | Acts with violence, threats of violence, deceit, lies, false names or identities or dignity, or abuse of trust, in order to get someone to have sexual relations with him/her or others, or actions that use the body of such person to fulfil sexual desires, with the intention of beneficial and satisfying sexual self or others. |
4.1.18.4. You acknowledge that Grab gave high attention to sexual violence affecting vulnerable groups, including Unaccompanied Minors, persons with disabilities, pregnant women, the elderly, indigenous peoples, and victims of violence.
4.1.18.5. You further acknowledge that Grab implement anti-retaliation policy, which is an act of retaliation carried out or planned by someone which can be suspected of conducting sexual violence, against someone who conducted the report of such person act, or someone who helps with the reporting or complaints, or someone who participates in the investigation. Grab does not tolerate vigilantism, including but not limited to intimidating, threatening, or forcing the reporters to make written or oral statements to revoke the reports.
4.1.18.6. You also acknowledge that Grab does not tolerate false report or complaints with a purpose that could be suspected of bringing down the reputation of Grab.
4.1.18.7. All violations related to Sexual Violence as described above, will be firmly dealt by Grab in its sole and reasonable discretion, and in accordance with your representations and warranties herein. You acknowledge and understand that GRAB, together with law enforcement and victims or other relevant parties, may HOLD YOU RESPONSIBLE AND PUT YOU IN JAIL IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATION.
4.1.19. You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Grab or to disrupt the natural functions of the Application and/or the Platform.
4.1.20 You hereby understand and agree that Grab may install official recording devices (audio, visual and/or both) in or on the Partner’s vehicle which will be used for the safety of Grab Application users and/or for the purpose of mapmaking (“Grab’s Recorder“). Grab shall not be responsible for any personal recording devices independently installed by the Partner (“Personal Recorder”). I further represent, warrant and agree that:
4.1.20.1 Grab may collect, store, and process all images, data, information and/or materials recorded through Grab’s Recorder for the safety purposes of Application users (including, but not limited to, the need for the recording to be used as evidence for the purposes of evaluating Grab’s partnership with Driver Partners, law enforcement and/or insurance claim) and/or mapmaking purposes (“Recording Purpose”) and in accordance with Grab’s privacy notice and applicable laws and regulations;
4.1.20.2 In relation to recordings made via a Personal Recorder, I will release and hold Grab harmless for any consequences arising from recordings via the Personal Recorder;
4.2 If you are a Partner, you further represent, warrant / undertake that:
4.2.1. You possess a valid driver’s license and are authorized to operate a motorized vehicle (either motorcycle, car, whether electric or not or other type of vehicle, as applicable) (the Vehicle) and have all the appropriate licenses, approvals and authorization in the jurisdiction in which you use the Service, to provide Solutions to Consumers;
4.2.2. If applicable, you own, or have the legal right and authority to operate, the Vehicle which you intend to use when providing Solutions to Consumers, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;
4.2.3. You acknowledge and agree that, in case you are the Transport Driver and/or the Delivery Driver when you accept the order in the Application, you hereby give the authorization to Grab to set and show the fare on the Application and, therefore, it will be the agreed fare which you offer to the Consumer.
4.2.4. If applicable, you will use the appropriate road safety equipment (e.g. helmet);
4.2.5. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the provision of Solutions by you;
4.2.6. You shall obey all local laws related to the operation of a taxi/passenger delivery service and will be solely responsible for any violations of such local laws;
4.2.7. You shall not contact Consumers for purposes other than in connection with the Service;
4.2.8. You shall not reverse look-up, trace or seek to trace any information on any other Consumer or Partner, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;
4.2.9. You agree to be subject to random drug tests arranged or undertaken by Grab, its agents or appointed persons;
4.2.10. You are aware that when responding to Consumers, standard telecommunication charges may apply which shall be solely borne by you;
4.2.11. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Terms of Services and the Grab Policies, and have your employer’s prior consent to act on its behalf. For the avoidance of doubt, any reference to ‘you’ in this Terms of Services and/or the Grab Policies shall also refer to your employer, the account owner;
4.2.12. You agree that you are forbidden from giving out coupons and suggesting any other form of discounts to the Consumers. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of Grab’s information or information related to the Application or the Service. A breach thereof constitutes a grave offense and may be treated as industrial espionage or sabotage, and Grab reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and
4.2.13. You acknowledge and agree that Grab may suspend you temporarily or on permanent basis when you are reported/complained/indicated committing any act of sexual harassment, and Grab shall have right to conduct any examination/investigation on such report/complaint;
4.2.14. You acknowledge and agree that any violation with respect to sexual harassment, will be sanctioned by Grab in accordance with the Grab Policies and the applicable laws and regulations. Hence, Grab shall have the right under its sole discretion to unilaterally revoke your access to use the Application and/or the Platform and, as a result, you will be immediately no longer able to use the Application;
4.2.15. You acknowledge that the Application is equipped with a “Emergency Button” feature to connect you directly with Grab and/or other Grab’s appointed third party partner in the event you are in an emergency situation and/or need help. You hereby also acknowledge that Grab is only an intermediary to connect you with such a third party partner, and therefore you release any liabilities, charges and claims to Grab arising from the “Emergency Button” feature which is not responded properly and/or with immediate action by such third party. You also ensure that you will only use such features for emergencies only, and will be fully responsible for any liabilities that may arise due to the misuse of such features. To learn more of the usage, please see the details at https://www.grab.com/id/blog/driver/car/grabcar-tombol-darurat/;
4.2.16. If you are selected as a Partner to accept transactions made by Consumers using QRIS via the Application, you acknowledge and agree to the following:
4.2.16.1. QRIS can only be used to facilitate payment for Solutions available in the Application as determined by Grab from time to time.
4.2.16.2. Partners must use QRIS solely to facilitate Consumers’ payment for Solutions and are prohibited from using QRIS for payment transactions involving:
4.2.16.2.1. goods and/or services prohibited by applicable laws; and/or
4.2.16.2.2. goods or services deemed prohibited by Grab and/or PT Visionet Internasional.
4.2.16.3. In using QRIS codes or accepting payments through QRIS in the Application, Partners must:
4.2.16.3.1. Not engage in actions that may violate applicable laws, the interests of Consumers, PT Visionet Internasional, Grab, or any third parties, including but not limited to: fraud, money laundering, financing of terrorism, or any actions that may have detrimental effects on Consumers, PT Visionet Internasional, Grab, and/or any third parties;
4.2.16.3.2. Not impose any fees beyond those required by Grab on Consumers (surcharge);
4.2.16.3.3. Not implement any minimum or maximum purchase amounts on Consumers in order to complete transactions using QRIS;
4.2.16.3.4. Not provide cashing-in, cashing-out, or funds transfer services of any payment instruments to Consumers or any parties using QRIS codes, unless approved in writing by PT Visionet Internasional and Grab;
4.2.16.3.5. Not misuse QRIS codes for any purposes, including but not limited to: alterations, modifications, or changes to the QRIS codes, or utilizing applications to access and present QRIS codes;
4.2.16.3.6. Not suggest specific payment instruments to Consumers for QRIS transactions;
4.2.16.3.7. Maintain the security and confidentiality of data generated from QRIS transactions, including personal data, by not disclosing, transferring, or exposing such data;
4.2.16.3.8. Maintain the security of provided QRIS codes by avoiding actions that may alter their original functions.
4.2.16.3. If you are found to have committed any of the prohibited actions listed above, Grab reserves the right to impose sanctions, including but not limited to: revoking access to QRIS, suspending and/or withdrawing earnings, terminating contracts or collaborations with Grab, and demanding immediate payment of outstanding obligations.
4.2.16.4. Any earnings generated from a successful transaction using QRIS will be settled to You in the exact same manner as any successfully made payment transactions for Solutions with any method available on the Application.
4.2.17 In connection with recording purposes during the trip, I hereby represent, warrant and agree to the following:
4.2.17.1 If Grab’s Recorder is installed in my vehicle, I will respect, comply with, and implement all provisions under the separate agreement I have entered into with Grab regarding the installation of the Grab’s Recorder;
4.2.17.2 If a Personal Recorder is installed in my vehicle:
4.2.17.2.1 I will notify and seek the consent from the Consumer and/or the person riding with or utilizing the Consumer’s Application account (if relevant) (“Rider”), before the Rider is on the ride with me, that the trip will be recorded by Personal Recorder and I (1) am fully responsible for the Personal Recorder’s misuse of the recording results (if happened and committed by me) in accordance with the applicable laws and regulations and (2) release Grab from any consequences arising from the misuse of the recording via the Personal Recorder;
4.2.17.2.2 In the event that the Rider is not willing or reluctant to grant his/her consent for recording purposes via the Personal Recorder, therefore I (1) will not force and/or demand that the Rider to ride with me and (2) will always comply with the Partner’s Code of Ethics that is agreed between me and Grab;
4.2.17.2.3 In the event that the Rider does not grant his/her consent for recording purposes via the Personal Recorder, therefore I (1) will fulfill my obligations, Partner’s Code of Conduct, and the Rider’s rights and (2) be responsible for the misuse of the Rider’s personal data recorded in the Personal Recorder committed by me, in accordance with the applicable laws and regulations.
4.3. If you are a Consumer, you further represent, warrant / undertake that:
4.3.1. Your use of the Service is for your own personal use or, where permitted, for the use of another person who is not yet 21 (twenty one) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor;
4.3.2. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
4.3.3. Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the relevant Solutions. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the Transport Driver is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy;
4.3.4. You shall not contact the Partner for purposes other than getting the Solutions;
4.3.5. You shall not intentionally or unintentionally cause or attempt to cause damage to the Partner or the Vehicle;
4.3.6. Where applicable, you fully understand that on certain applicable Solutions it is possible that there are other Consumers on your trip (if you are booking for the relevant transportation-type Solutions), and you will respect the rights of these Consumers by complying with all the laws and regulations applicable to you and/or other Consumers for the use of the Services, including but not limited to the exchange of Personal Data or other important information;
4.3.7. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;
4.3.8. Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;
4.3.9. You acknowledge and agree that only one (1) account can be registered on one device;
4.3.10. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and
4.3.11. You agree that Grab may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and/or deactivate or restrict access to your user account.
4.3.12 In connection with recording purposes during the trip with Grab’s Recorder, I hereby represent, warrant and agree to the following:
4.3.12.1 I hereby understand and agree that Grab may make recordings via Grab Recorder for the purposes of Recording Purposes;
4.3.12.2 I will notify and seek consent from the Rider whose order for the Solution was generated through my Application’s account related to the Recording Purpose and I will keep the proof of consent and will grant access to, or provide proof, of the consent to Grab as required from time to time.
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application. While we continuously develop the Application in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application is likely to be accessed from, we do not warrant compatibility of the Application with specific mobile devices or other hardware.
6.1. Grab and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or Platform and/or the Software to use the Service, subject to the terms and conditions of this Terms of Services and the Grab Policies. All rights not expressly granted to you are reserved by Grab and its licensors.
6.2. You shall not:
6.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application, the Platform and/or the Software, in any way;
6.2.2. modify or make derivative works based on the Application, the Platform and/or the Software;
6.2.3. “mirror” the Application, the Platform or the Software on any other server or wireless or internet-based device;
6.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;
6.2.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application and/or the Platform; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application and/or the Platform or its content;
6.2.6. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information in the Application or the Platform without obtaining the prior consent of Grab;
6.2.7. remove any copyright, trademark or other proprietary rights notices contained on the Application or the Platform; or
6.2.8. use the Application and/or the Platform to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
7.1. For Partners:
7.1.1. If you are a:
(i) Transport Driver Partner, for GrabCar, GrabBike and/or other on-demand transportation services which may be available from time to time, you agree that you are a partner to provide transportation services to Consumers, and you will receivie Transport Base Earnings, if you provide transportation services via Application;
(ii) Delivery Driver Partner for GrabExpress, GrabFood, GrabMart, and/or other on demand delivery services which may be available from time to time, you acknowledge and agree that you are a partner of SPI in providing such delivery services to Consumers of SPI, and will receive Delivery Base Earnings offered by SPI, if you agree to accept such offer via Application;
(iii) other costs incurred based on the future development of Grab’s services and/or as specifically stipulated in the Additional Terms in Part B below.
7.1.2. If you are a Merchant Partner, you agree that Grab will charge a Partner Service Fee for the use of the Application Service, in accordance with the provisions as stipulated under your commercial partnership agreement with Grab and/or its Affiliates. Grab may change the Partner Service Fee at any time at its sole discretion;
7.13 The Partner Service Fees are payable by you immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application or the Platform, our decision to terminate or suspend your access to the Application or the Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
YOU ACKNOWLEDGE AND CONFIRM THAT GRAB MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF CONSUMER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.
7.1.4. Grab and/or PT Visionet Internasional has the right to remove your OVO Balance where the Company and/or PT Visionet Internasional reasonably believes that the purchase or addition of the OVO Balance is suspected of fraud, invalid or involves criminal acts or where the Company and/or PT Visionet Internasional reasonably believes that you are violating this Terms of Services and/or the Grab Policies and/or the terms and conditions of OVO available in https://www.ovo.id/syarat-ketentuan (for OVO consumers) and https://www.ovo.id/merchanttermscondition (for OVO merchant).
7.1.5. Grab may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Consumers whereby these promotional offers shall accordingly be honored by you.
Driver’s Wallet
7.1.6. If you are a Transport Driver and/or Delivery Driver, (where applicable) Grab and SPI may administer payments to you and from you by way of an e-wallet system (the “Driver’s Wallet“).
7.1.7. Driver’s Wallet comprises of:
(i) Cash Wallet: an electronic wallet which records payments from you or for you (in relation with the completion of the Solution by you and/or other services that you have provided to the Consumers via the Application and/or the Platform). You may withdraw the balance recorded in the Cash Wallet to be transferred to your designated recipient bank account, or other designated recipient (e.g. an e-money account of the e-money provider which cooperates with Grab) via the Cash Wallet. Grab reserves the right to deduct the Cash Wallet’s balance as stipulated in this Terms of Services, or under your consent and authorization, or under any notification made to you via the Application; and
(ii) Credit Wallet:
7.1.8. You may check your Driver’s Wallet balance in the Application. The Driver’s Wallet balance set out in the Application shall serve as conclusive evidence of your Driver’s Wallet balance.
7.1.9. You authorize Grab to deduct Credits from your Driver’s Wallet for any purchases you make through the Application or Platform.
7.1.10. Notwithstanding the above, You hereby grant Grab power of attorney and authorization to manage your Driver’s Wallet.
7.1.11. In the event You are indicated to conduct actions that are in violation of the Terms of Services and/or provisions of the prevailing laws then Grab has the right to perform actions that are deemed necessary by Grab in relation to such violation. For the avoidance of doubt, the actions that Grab may perform if deemed necessary are including but not limited to: (1) blocking of the Cash Wallet and/or Credit Wallet and (2) withdrawal or deduction of funds from the Cash Wallet and/or Credit Wallet in the event of fraud indication.
7.1.12. You hereby agree that Grab has the power of attorney and full right to perform the necessary actions in relation to the provision of article 7.1.11. above.
Payment by Consumers
7.1.13. Consumers may pay for your provision of the Solution immediately upon completion of or confirmation of a booking for a Solution, as the case may be, by cash or cashless method(s) such as by credit or debit card (“Card”) or e-money provider (such as, OVO) or other payment method available in the Application. All payments due to you for your services, including tips (where applicable), will be channeled to you in the agreed quantum in due course.
7.1.14. Specifically for the Grab services using the Hosted Payment Page (HPP) Platform (i.e., an integrated e-commerce payment checkout service hosted by GRABLINK PTE. LTD. in cooperation with local licensed payment gateway and/or acquirer in Indonesia) shall refer to the terms and conditions of PaySuite Terms of Service. Specifically for GrabGifts, if you are purchasing for an overseas user, the GrabGifts purchase amount will be in the recipient’s local currency and the exchange rate will be determined by your card issuing company.
7.1.15. Grab retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the Consumer breached any of the terms in this Terms of Services and/or the Grab Policies. In such an event, you shall not hold Grab liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment to you.
7.2. For Consumers:
7.2.1 Once you have completed your booking of the Solutions, you are required to make payment in full to the Partner by selecting one of the payment methods available to you on the Application. Any payment pursuant to such selection will be automatic and is non-refundable.
7.2.2. If you choose to make payment by Card, you will need to register a valid Card which belongs to you or belongs to anyone else who already gave you authorization to use the Card for ordering Solutions in the Application, in accordance with the instructions in the Application.
7.2.3. You agree that Grab may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
7.2.4. You agree that Grab and PT Visionet Internasional may issue a reasonable authorization to “hold”, which is not an actual charge against your Card or OVO Balance (as defined below) or your other preferred payment method, in order to verify your payment. The hold may appear in your statement as “pending”. 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 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 payment method.
7.2.5. In the event your payment is processed overseas, you will be liable for any additional charges in relation thereto.
7.2.6. If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the Consumer Charges after the Solution has been provided and given to the Partner unless you choose to change the amount or remove the tip.
7.2.7. Grab may suspend the processing of any transaction or disable or limit the use of certain payment method in the event of any error in transaction which results in decline or chargeback from the financial institution or where Grab reasonably believes that the relevant payment method has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where Grab reasonably believes you to be in breach of this Terms of Services and/or Grab Policies.
7.2.8. You agree that you will cooperate in relation to any financial crime screening that is required and to assist Grab in complying with any prevailing laws or regulations in place.
7.2.9. You shall be responsible to resolve any disputes with the relevant company managing your payment method, on your own.
OVO Balance
7.2.10. You can top up the balance in your OVO account (“OVO Balance”) which can be used to pay for Solutions. The nominal OVO balance that can be saved by your account without being a registered user of OVO is in the amount of Rp. 2,000,000 (two million Rupiah), while if you have become a registered user of OVO (in accordance with the applicable laws and regulations), you will have a maximum OVO Balance of Rp. 20,000,000 (twenty million Rupiah), subject to any changes in the limitation as provided under the prevailing laws. The maximum limit of the amount that can be saved/received by your account within a month from transfer-in transactions, such as, bank transfers, users to users transfers, top up, is Rp. 20,000,000 (twenty million Rupiah) for unregistered accounts or Rp. 40,000,000 (forty million Rupiah) for registered accounts.
7.2.11. The OVO Balance Service is operated by PT Visionet Internasional, which has obtained permission from Bank Indonesia as the payment service provider who issues server-based electronic money, and therefore by using OVO services you agree to be subject to the terms and conditions for the use of electronic money services by OVO (https: //www.ovo.id/tnc).
7.2.12. You have the right to top up the OVO Balance through any available method. Selecting the payment method means that you agree to the terms of service of the payment processing partner of the Company and your appointed financial institution (if any) for the payment method you have chosen.
7.2.13. When you select OVO as your payment method, You must ensure that you have enough OVO Balance to pay for Solutions. If you do not have enough balance, you can top up your OVO Balance so that you can complete the payment for Solutions.
7.2.14. You can check your OVO Balance from certain authorized applications. You agree that the balance of OVO displayed in the Application and/or the OVO application is the conclusive evidence of your OVO Balance.
7.2.15. Grab and/or PT Visionet Internasional has the right to remove your OVO Balance where the Grab and/or PT Visionet Internasional reasonably believes that the purchase or addition of the OVO Balance is suspected of fraud, invalid or involves criminal acts or where Grab and/or PT Visionet Internasional reasonably believes that you are violating the terms and conditions for the use of electronic money services by OVO (https://www.ovo.id/tnc).
Foreign Service Fee
7.2.16. When using our Service using debit or credit cards issued outside of Indonesia, you may incur a Foreign Service Fee as defined in Clause 3.3.4. This fee is imposed to cover the additional costs associated with the connectivity and platform that we need to maintain the payment conducted using such cards. The Foreign Service Fee will be disclosed to you prior to the completion of your transaction.
7.2.17. Please note that the Foreign Service Fee will only be charged when you use debit or credit cards issued outside of Indonesia.
7.2.18. We reserve the right to adjust the Foreign Service Fee without prior notice. If necessary, any changes will be communicated to you whenever feasible.
8.1 For Partners:
8.1.1 The Consumers rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Consumers’ bookings will impair the Consumers’ experience and negatively impact the reputation and branding of Grab.
8.1.2. If you are a Transport Driver and/or Delivery Driver, while you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Grab reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted. You may be charged a Cancellation Fee or other Cancellation Fee as Grab may notify from time to time.
8.2 For Consumers:
8.2.1 You may cancel your request for a Solution at any time before you commence and/or receive your Solution with the Partner that has been matched with you by the Service.
8.2.2. If you decide to cancel your booking for a Solution or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as Grab may notify from time to time via the Cancellation Policy.
8.2.3. If you feel you were incorrectly charged a Cancellation Fee, you may contact Grab via Help Centre for assistance. Grab reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or the OVO Balances or such other method as is deemed reasonable by Grab, for cash payments.
9.Loyalty Programme
9.1. If you are Consumers using the Application, you will be a member of the loyalty programme named “GrabRewards Loyalty Programme” (“Loyalty Programme”) operated by Grab and/or its Affiliates.
9.2. As a member of the 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 Grab and/or third party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”).
9.3. Rewards can be obtained by you in each of your transactions in the Application in the form of OVO Points (“OVO Points“).
OVO Points
9.4. To receive OVO Points, you are required to have an OVO account.
9.5 You will receive OVO Points, if you meet the eligibility requirements to be awarded OVO Points as determined by OVO and/or OVO’s campaign partners from time to time for every relevant promotional or marketing campaign.. Further terms and conditions related to OVO Points, such as, awarding, redemption, and use of OVO Points, are subject to OVO App terms and conditions that can be accessed and read through the following link: https://ovo.id/syarat-ketentuan.
9.6. OVO Points will be implemented in the Loyalty Program since 1 October 2020. The validity of OVO Points, is subject to the terms and conditions set out by OVO. You hereby understand and acknowledge that any claim and issue with respect to OVO Points will be subject to the terms and conditions determined by OVO.
Prize Exchange
9.7. If you have the required number of OVO Points, you may select and redeem applicable Prizes of the Rewards via the Application. Your redemption of a Prize that is an e-voucher is subject to the additional terms and conditions of Grab or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
9.8. You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against Grab for any expired e-vouchers.
9.9. OVO Points that you have successfully redeemed for a Prize cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained. They cannot be resold, exchanged or transferred for value under any circumstances. Prizes shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
9.10. Grab may at its sole and absolute discretion reject your request to redeem OVO Points for any reason whatsoever, including without limitation, where there are insufficient OVO Points to redeem for the particular Prize, or where the Prize is no longer made available or out-of-stock by the third party merchant, or where the OVO Points you wish to use for redemption of Rewards have been issued to you in error etc.
9.11. You may check your OVO Points balance and the redemption history made in the Application or OVO application. Your OVO Points balance and redemptions shall serve as a conclusive evidence of the same.
Membership Tiers
9.12. The GrabRewards Loyalty Programme offers four (4) membership tiers as follows:
9.12.1 an entry membership tier known as “Member”;
9.12.2. a basic membership tier known as “Silver”;
9.12.3. a mid-tier membership tier known as “Gold”; and
9.12.4. premier membership tier known as “Platinum”;
9.13. The number of OVO Points required to upgrade or renew the tiered membership will be informed to You, from time to time.
9.14 Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient OVO Points to be retained in that tier, you shall be downgraded to the next relevant membership tier.
Cessation of Membership
9.15. If you do not wish to be a member of the Loyalty Programme, you may do so by opting out through the Application.
9.16. You will also automatically cease to be a member of the GrabRewards Loyalty Programme if you delete the Application from your mobile phone.
General
9.17. To the extent as permitted by applicable laws, Grab reserves the right at any time to:
9.17.1 vary, modify or amend the terms and conditions of the Loyalty Programme (including adding or deleting any terms);
9.17.2. terminate or modify the Loyalty Programme;
9.17.3. revoke, adjust and/or recalculate any OVO Points awarded;
9.17.4. change the number of OVO Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
9.17.5. change the number of OVO Points that can be earned on spendings on qualifying transactions to obtain Solutions based on the GrabUnlimited subscription membership status;
9.17.6. modify the qualifications and eligibility for earning OVO Points;
9.17.7. modify the activities that earn OVO Points;
9.17.8. modify the methods used to calculate the number of OVO Points to be awarded;
9.17.9. withhold or cease the awarding of OVO Points to you;
9.17.10. modify the qualifying OVO Points or other criteria for membership tier upgrades and renewals; and
9.17.11. change or withdraw any benefits related to a particular membership tier without prior notice to you and at its sole discretion.
9.18. Grab may suspend the calculation and accrual of OVO Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
9.19. You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of OVO Points to you, your redemption of OVO Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.
9.20. From time to time, Grab may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms or other participating Merchants, based on information shown in the Vouchers. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. Grab reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. Grab reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of these Terms of Service and Grab Policies.
9.21. Grab may at its sole and absolute discretion and without prior notice to you, reject your request to redeem OVO Points for any reason whatsoever, including without limitation, where:
10.1 Consumers and Partners may be allowed to rate each other in respect of Solutions provided.
10.2. Every rating will be automatically logged onto Grab’s system and Grab may analyse all ratings received. Grab may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
11.Complaints
11.1. Any complaints between Partner and Consumers must be taken up with each other directly.
12.1 Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Partner’s Vehicle as a result of your misuse of the Service or breach of the Terms of Service herein and the Grab Policies. Grab may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Partner via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Partner has been verified by Grab.
13.1 Grab 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 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 Grab and/or its licensors. Grab’s name, Grab’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 Grab 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.
14.Taxes
14.1 You agree that this Terms of Service and the Grab Policies are subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Grab to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
14.2. If you are a Partner, you are accountable to pay for any tax and statutory contributions due in respect of sums payable to you in connection with your earnings or income as a result of provisions of Solutions or your use of Services and to make necessary filing to tax authority, if applicable
15.1 You shall maintain in confidence all information and data relating to Grab, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Grab (whether orally or in writing and whether before, on or after your use of the Services) or which are otherwise directly or indirectly acquired by you from Grab, or its Affiliates, or created during your use of the Services. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Grab’s prior written consent, disclose such information to any third party nor use it for any other purpose.
15.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
15.2.1 was at the time of receipt already in your possession;
15.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;
15.2.3. was received from a third party having the right to disclose it; or
15.2.4. is required to be disclosed by law.
16.1. Grab collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of Grab’s Services.
16.2. You agree and consent to Grab using and processing your Personal Data in the manner set out in our Privacy Policy.
16.3. You acknowledge that Grab may disclose Personal Data of other individuals to you in the course of your use of Grab’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Grab, and not for any other unauthorised purposes.
17.1 During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and Grab and its licensors shall have no liability or obligation for any such communication or agreement. Neither Grab nor any of its Affiliates endorses any applications or sites on the internet that are linked through the Platform or Application, and in no event shall Grab, its licensors or its Affiliates be responsible for any content, products, services or other materials on or available from such sites or Partners. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of service or privacy policies prior to your use of or access to such goods or services, and Grab is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the Partners. You acknowledge that such additional or different terms of service and privacy policies may apply to your use of such third party services. Grab is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
17.2. Grab may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidise the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings You agree and allow Grab to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis.
17.3. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.
17.4. We may include hyperlinks to other websites or content on the Internet that are owned or operated by; or otherwise make available content or material relating to or provided by; third parties who do not have any relationship with us (collectively, “Third Party Content”). Such Third Party Content is usually not under our control. We are not responsible or liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable Third Party Content, or the consequences of your use of any Third Party Content. The availability of Third Party Content on the Platform is neither an endorsement or verification of the Third Party Content and the related third party(ies) by us; nor does it indicate that we have any relationship with the related third party(ies) be it affiliation, partnership, collaboration, endorsement or sponsorship. You agree that your access to or use of any Third Party Content is entirely at your own risk. Please approach our Help Centre should you have any questions or concerns about any of the Third Party Content.
17.5. Save for factual, honest and not misleading reference through linked through the common text of http://www.grab.com or other URL specifically provided by Grab to you, you are strictly prohibited from connecting any link to the Platform or any part of the Platform without Grab’s prior consent. Notwithstanding other terms, any web, software, Platform or other devices linked to the Platform or any part of the Platform is prohibited to (a) replicate any Platform Content, (b) use browser or border environment surrounding the Platform Content, (c) implying in any way that Grab supports its products or services, (d) misrepresenting any facts, including its connection with Grab, (e) presenting any false information on Grab’s products or services, and (f) use Grab’s logo and trademark without Grab’s prior written consent.
18.1 By agreeing to the Terms of Service upon using the Service, you agree that you shall indemnify and hold Grab, its licensors and its Affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Partner or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service and/or Grab Policies, any third party terms and conditions, or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Partner or Consumers arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Solutions to Consumers via the Service where applicable.
19.1. Grab makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. Grab does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information or other materials purchased or obtained by you through the Application will meet your requirements or expectations. The Service is provided to you strictly on an “as is” basis. Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
19.2. Grab makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Partner or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Partner and shall have no recourse to Grab in respect of the same.
THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. GRAB IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
21.1 Notwithstanding any other terms in the Terms of Services, and in our effort to ensure a seamless ride experience for you in the event of the Application becoming unavailable, Grab has introduced ‘GrabLite’. GrabLite is a basic version of the Application which allows you to continue to make bookings during a downtime of the Application. In the event of a downtime, the Application will automatically switch to the GrabLite version without any action on your part. Being a basic version, GrabLite will have some differences in its features and application compared to the Application. The following are the differences that you should be aware of:
21.1.1 Only GrabCar and GrabBike. Under GrabLite, only GrabCar and GrabBike Solutions will be available for booking.
21.1.2. Fixed Fares. A ride booked via GrabLite shall have fixed fare only irrespective of the type of transport / vehicles. The fixed fare will be shown on the GrabLite Application after you have keyed in your location and destination.
21.1.3. Cash Payment Only. As a stripped-down version of the Application, rides made via GrabLite shall be paid by cash only. GrabLite is unable to accept payments by OVO Balances and credit cards. By continuing with the booking, you hereby acknowledge and agree that you accept the fixed fare.
21.1.4. Manual Key-In. You are required to manually key-in your pick-up location and destination.
21.1.5. Number Masking. Under GrabLite, there will be no number masking. This means that your number will be available to the Service Providers. By continuing to confirm the booking, you hereby acknowledge that you understand and agree to this condition.
21.1.6. No GrabRewards Points. Any ride booked via GrabLite will not be entitled to any GrabRewards Points.
21.1.7. No Chat Function. The chat function in GrabLite will be disabled. Therefore, the only means of communication with the Service Providers will need to be conducted via calls.
21.1.8. Other Stripped Down Functionalities. As a stripped-down version of the Application, GrabLite will not show the estimated time of arrival of your booking. Any promos that are running when GrabLite is activated will not be eligible to be used and you will not be able to tag your ride as ‘Business ride’.
22.1 UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST GRAB BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. GRAB AND/OR ITS LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR). GRAB AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE, INCLUDING BUT NOT LIMITED TO:
22.1.1 LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
22.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
22.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR
22.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY PARTNER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, EVEN IF GRAB AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22.2. GRAB DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY PARTNERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE GRAB FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE PARTNERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.
22.3. GRAB WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND PARTNERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE GRAB FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.
22.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PARTNER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY ORDERING THE RELEVANT TRANSPORTATION SOLUTIONS, 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.
23.1 Grab may give notice through the Application, electronic mail to your email address in the records of Grab, or by written communication sent by registered mail or pre-paid post to your address in the record of Grab. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Grab (such notice shall be deemed given when received by Grab) by letter sent by courier or registered mail to Grab using the contact details as provided in the Application.
24.1 This Terms of Service shall be governed by Indonesian 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 this Terms of Service or the Service shall be referred to the Indonesian National Arbitration Board (“BANI”), in accordance with the BANI Regulations as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Grab (the “Arbitrator”). If you and Grab are unable to agree on an arbitrator, the Arbitrator shall be appointed by the chairman of BANI in accordance with the Rules. The seat and venue of the arbitration shall be Jakarta, in the Indonesian language and the fees of the Arbitrator shall be borne equally by you and Grab, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
24.2. Each party hereby agrees that in connection with Article 60 of Law No. 30 of 1999 (“Arbitration Law”), the arbitral award is final and binding on the parties and based on that, the parties do not have the right to appeal the arbitral award. The parties hereby also expressly exclude the provisions of Articles 48.1 and 73 (b) of the Arbitration Law so that the mandate to the Arbitrator as stipulated through these Terms of Service remains valid until the final decision of the arbitration has been determined by the Arbitrator.
25.1. Nothing contained in these Terms of Service or Grab Policies shall be construed as creating any association, or other form of joint enterprise with Grab.
25.2. If you are Partner, your relationship with Grab is a partnership to provide Solutions for Consumer through Application, Platform, and/or Software;
25.3. You acknowledge and agree that this Terms of Services and the Grab Policies do not constitute an employment agreement (under labor law, tax law and/or social security perspectives). Therefore, you understand that your use (or continued use) of the Services in accordance with this Terms of Services and the Grab Policies shall not, in any means, be interpreted as an industrial relation between you and Grab.
26.1 If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
27.1 The failure of Grab to enforce any right or provision in the Terms of Service and the Grab Policies shall not constitute a waiver of such right or provision.
28.1. This Terms of Services, the Grab Policies and other documents or policies binding to you as referred to in this Terms of Services comprises the entire agreement between you and Grab and supersedes any prior or contemporaneous negotiations or discussions.
29.1. You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. In case of the aforementioned termination, You and Grab expressly waive the provisions of Article 1266 of the Indonesian Civil Code (Burgerlijk Wetboek) as far as necessary to effectuate the aforementioned termination without prior court decision.
29.2 Notwithstanding other terms, we may change, modify or remove any Platform Content without any notification (including but not limited to information in connection with product or services availability, product or services description, price, promotion, offering, product delivery price, and transit time). If Platform Content contains any typographical error, inaccuracy or violates Grab’s Terms, we have the right to (including but not limited to, so long as permitted by the applicable laws and regulations) carry out any actions deemed accurate by Grab (collectively, “Remedial Actions”) including but not limited to (i) remedy any mistakes, inaccuracies or such negligence, (ii) change or update the information, and/or (iii) if applicable, cancel any affected order without prior notification (including but not limited to when the order is delivered).
30.1. This Terms of Services is made in Bahasa Indonesia and English language. In the event of any differences between both versions, the provision in Bahasa Indonesia shall prevail.
Section B – Additional Terms
1.1. For Consumers:
1.1.1. The Application allows you to place orders for food and beverage from food and beverage providers (“GrabFood Merchant”), which at your option when placing such orders:
(i) will be delivered to you by SPI, whereas the will be displayed via Application by the SPI, and if you have agreed, you are required to pay the delivery fee to SPI via Application; or
(ii) be made available for self-pick up from the respective GrabFood Merchants during the time period as specified in the Application or otherwise communicated by Grab.
Grab does not own, sell or resell any food and beverage items and does not control the GrabFood Merchants or any services provided by them. You understand that any order that you place shall be subject to the product availability and location serviceability of the GrabFood Merchants and/or SPI. You further acknowledge that SPI reserves the right to batch several orders for trip efficiencies, where applicable.
1.1.2. All food order and delivery bookings placed on the Application (“Food Order”) are treated as confirmed, and therefore you shall:
(1) not be entitled to cancel a Food Order after it is confirmed. If you cancel a Food Order after it has been confirmed, you remain liable to pay the applicable fees for the Food Order in full, regardless of whether it has been prepared by the GrabFood Merchant. For the avoidance of doubt, where you have opted to self-pick up a Food Order, you will be deemed to have cancelled the Food Order by not collecting it within the time period specified in the Application or otherwise communicated by Grab. Neither Grab nor the Partner(s) shall be responsible to retain the Food Order for your collection after the said period has lapsed.
(2) view Third Party Content such as reviews or general information about restaurants or shops that have no relationship with Grab. Grab does not control any of these Partners, or Goods or services provided by them; Third Party Content or third parties related to the same per Clause 17 above. You understand that any order that you place shall be subject to the product availability and location serviceability on the part of the Partners.
1.1.3. Upon your successful placement of a Food Order, the GrabFood Merchants and/or SPI (via Delivery Driver and/or any of its delivery partner), may contact you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Grab is not involved in and will not be responsible for any separate arrangement between you and the GrabFood Merchant and/or SPI.
1.1.4. You remain liable to pay the order value in full where (i) cancellation is made by you after the GrabFood Merchant starts food/beverage preparation; or (ii) you are not present or do not show up at the designated delivery location to collect the takeaway ordered or you are unreachable physically or uncontactable after 10 minutes from the time that SPI (via Delivery Driver and/or any of its delivery partner)arrives at the designated delivery location.
1.1.5. Grab, the GrabFood Merchant and/or SPI may not process and deliver your Food Order in the event of any of the following:
(a) you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable,
(b) if the requested delivery location falls outside the delivery zone offered in the Application,
(c) there is a lack of information, direction or authorization from you at the time of delivery, or
(d) unavailability of items ordered.
1.1.6. The prices of food and beverage items reflected in the Application are determined solely by the GrabFood Merchant and are listed for information only.
1.1.7. Prices of food and beverage items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the GrabFood Merchant, be incorrectly reflected and in such an event the GrabFood Merchant may cancel your order(s).
1.1.8. If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the booking. All promotion codes and discounts are subject to its specific terms and conditions. The price payable for the discounted food or beverage item may be rounded and will be set out on the checkout page for your booking. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discounts in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. Pursuant to arrangement or agreement between you and the GrabFood Merchant and/or Deliver Service Provider pursuant to Clause 1.1.3. above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.
1.1.9. The GrabFood Merchant shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you.
1.1.10. You are responsible for ensuring that the details entered by you in respect of the Food Order on the Application are accurate and complete. Grab shall not be liable in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Application; and in the event of late collection of the takeaway you ordered or non-collection of the takeaway you ordered by reason of erroneous collection details entered by you on the Application.
1.1.11. After the delivery of the food and beverage items or collection of the takeaway you ordered, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.
1.1.12. If applicable, persons placing an order for alcohol from any GrabFood Merchant must be at least twenty-one (21) years old. Alcoholic beverages can only be sold and delivered to persons who are at least twenty-one (21) years old as stipulated under the applicable laws and regulations. By placing an order that includes alcohol, you represent and warrant that you are at least twenty-one (21) years old. The relevant GrabFood Merchants and/or SPI (via Delivery Driver Partner and/or any of its delivery partner) will have the right to (i) request to be shown your ID (KTP) for age verification, and (ii) refuse to deliver or provide any alcoholic product to any person who at the time of delivery or collection of takeaway (A) does not appear to be at least twenty-one (21) years old or cannot prove that he/she is at least twenty-one (21) years old or (B) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or self-pick up. In such event you agree that Grab and the relevant GrabFood Merchants and/or SPI shall not be liable to make any refund for payment already made by you. If it turns out that you are under twenty-one (21) years old, you hereby undertake you shall be solely responsible to bear the legal consequences and release Grab, GrabFood Merchants and/or SPI, from all claims and other liabilities, arising from or in connection with the purchase or order of alcoholic product made via your account on the Application including without limitation any liability arising from your action which deceives Grab’s system or GrabFood Merchants and/or SPI (its Delivery Driver Partner and/or any of its delivery partner), in relation to the aforementioned minimum age limit.
1.1.13. If applicable, in the event that SPI organizes delivery promos available in the Grab Application (including but not limited to “Ekonomis” promos, namely an order delivery option that offers cheaper shipping costs with a waiting time that may be longer than regular/standard orders) and other promos, you acknowledge and understand that these promos are only available at certain times and circumstances as determined based on SPI’s discretion (taking into account factors such as but not limited to location, weather, time of order, choice of restaurant, distance from restaurant, type orders, and other factors).
1.1.14. You agree that when requesting to pick/deliver food and/or beverages from a merchant/restaurant through our Application, SPI will be responsible for and guarantee to undertake the delivery service (subject to the availability of service at your location). If the delivery service fails or is cancelled for reasons that SPI determines are attributed to you (for example, you provided an incorrect delivery address) you will be charged no more than the full price for the delivery service. If the delivery service fails or is cancelled for any reason that SPI determines are not attributed to you, you may be entitled to a refund for any charges paid for such delivery service;
1.1.15. In the event any food and/or beverages of merchant/restaurant are spoiled, or which results in food poisoning to you, allergies or other effect that will harm you, Grab will not be responsible, and any risk occur when using the Service will be at your own sole risk;
1.1.16. You agree that Grab may disclose your personal data to SPI for the purpose of providing GrabFood Services and Solutions for you;
1.1.17. In the event of any discrepancy, error, or failure in the provision of the GrabFood Services and Solutions by the SPI, you may hold SPI liable for your losses, provided that you must be able to prove that the loss occurred due to the fault of SPI.
1.2. For GrabFood Merchants:
As a GrabFood Merchant, in addition to provisions applicable to Partner in general and other terms or contracts which you have entered into with Grab, you are subject to the additional terms below.
1.2.1. Creation and Monitoring of Self-funded Marketing Activities
You may be able to create a campaign, participate in promotion or place an order for advertisement(s) on the Platform PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and/or advertisement (“Marketing Activity(ies)”). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from the Application may be varied from time to time at Grab’s sole discretion, and where provided, suggested or offered, you agree and acknowledge that they are made available on an ‘as-is’ basis.
By creating or participating in any Marketing Activities, you accept the following additional general conditions:
(a) Any information submitted through your account to us (whether via our Application or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.
(b) Any information you input into the Platform where required or otherwise provided to us must be complete, truthful, accurate and not misleading.
(c) Your intention to create or otherwise indicate consent to participate in a Marketing Activity must be genuine and must not be conducted in a manner which may be misleading to the Consumers. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.
(d) Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.
(e) You shall be responsible to directly handle any complaints or enquiries from Consumers in respect of the Marketing Activity.
(f) In the event where you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Marketing Activity and remain responsible to handle any enquiries or complaints from Consumers in respect of or in connection with the Marketing Activity.
(g) Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Marketing Activity is, and will be conducted, in accordance with the applicable law.
(h) While we do not supervise or monitor the Marketing Activity, we reserve the rights to (but are not obliged to) cancel, take down, suspend or otherwise vary the Marketing Activity as we deem fit, without being liable for any damage or loss whatsoever, including any refund of the fee or cost which you have paid for the purposes of the Marketing Activity.
(i) We may make available to you information relating to the Marketing Activity, and such information is considered as part of the Platform Content and is subject to Clause 1.2.7. below of this Section B.
(j) You agree to pay to Grab any and all costs and expenses in connection with the Marketing Activity. Notwithstanding any other provisions, you authorise Grab and its affiliates to directly deduct any amount payable by you to Grab or its affiliates, including without limitation the said costs and expenses in connection with the Marketing Activity (“Amount Payable”), from any amount receivable by you as a Partner (including without limitation your balance in the merchant wallet on the Platform) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed Grab or its affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set off the Amount Payable against your Amount Receivable by providing reasonable notification to you, or to issue an invoice for the Amount Payable where we deem appropriate.
(k) You must notify us immediately if your account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred due to the Marketing Activity created or launched using your account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your account.
(l) You agree that any amount payable to you by Consumers for each Good Order placed pursuant to the Marketing Activity may be rounded in accordance with our internal policies which we may update from time to time.
1.2.2. Submission of Content or Information
We do not claim ownership of any content or information that you upload on the Platform or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such license.
We may enable you to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by Consumer(s) in order to facilitate the Solution including without limitation detail(s) of an order placed by a Consumer. You acknowledge that any such content or information may be made available in real time to end consumers via the Platform or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the Consumer(s) in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you (via the Platform or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by Consumer(s) such as an order placed by a Consumer, you further agree that by amending such content, (1) you have obtained the prior consent or acceptance from the affected Consumer; and (2) Grab is not involved in and will not be responsible for the amendments made by you, though Grab reserves the right to (but is not obliged to) carry out Rectification Measure(s) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.
1.2.3. Merchant Access to Grab Platforms
Where you are a Merchant, Grab may allow you to access, view, retrieve, disclose, manage and/or otherwise use (“Use”) information relating to the Service, Solutions and/or other confidential details of your business or relationship with Grab (“Business Information”) via a user account(s) on the Platform(s) (“Account(s)”) as well as to enable other person(s), be it a natural or legal person, authorized by you, your personnel via email correspondence or otherwise confirmed in accordance with the provisions of the separate agreement that you have entered into with Grab (“Merchant Authorized User(s)”), to Use the same via separate Account(s). In such an event, you agree that:
You shall ensure that yourself and each Merchant Authorized User accept and comply with any and all terms, guidelines and policies that are applicable to access or use of the Account(s) and the relevant Platform(s), which may be updated from time to time. This includes without limitation the provisions made available herein, which the Merchant Authorized Users shall comply with as if they are ‘you’.
You are solely responsible to ensure that each Merchant Authorized User has the necessary rights to Use the Business Information; and shall provide Grab with a written notice at least thirty (30) days prior to the termination or expiry of your relationship with the Merchant Authorized User(s); or where any Use by the Merchant Authorized User(s) shall be terminated or suspended for any reason(s). Without prejudice to any other provisions, you acknowledge that pursuant to operational or technical limitations, Grab and/or its affiliate(s) may not be able to terminate or suspend the Merchant Authorized User’s Use in time, in which case, you shall prohibit the Merchant Authorized User(s) from continuing to Use the Account, Business Information, Platform or any part thereof by other means; and Grab and its affiliate(s) shall never be held liable in any manner for the same.
All information that Grab and its affiliate(s) makes available, including without limitation the Business Information, are on an “as is” basis and Grab and its affiliate(s) do not give any warranties or representations (express or implied, and whether on their own behalf or that of their respective directors, officers, employees, agents or advisers) with regard to the accuracy, quality, timeliness, reliability or completeness of the same. You are responsible to make your own evaluation of the information.
You are solely responsible for each Merchant Authorized User’s Account(s) as well as their respective Use of the Business Information, Account(s) and the Platform(s); and Grab and its affiliates shall not be liable for any losses that you incur as a result of the same.
Grab reserves the right, but is not obliged, to require you to provide information on your relationship with each Merchant Authorized User; and to, at its sole absolute discretion, impose additional conditions for the Use or the Platform(s), such as a requirement that an additional fee be paid for the Use, Platform(s) or any part thereof; or terminate or suspend any Merchant Authorized User’s access to the Account(s) and/or Platform(s).
You acknowledge that Grab tracks all activities on the Platform (including without limitation the number of orders, transactions, searches using a particular keyword, and other activities that occur and recorded on the Platform), and you agree that Grab have the right to use the same for maintenance and improvement purposes as well as its business purposes in a manner that is compliant with the applicable laws.
1.2.4. Personal Data
Without prejudice to the foregoing, information which you have submitted to us for your registration as a user and/or merchant on our systems, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Application or in the course of carrying out Services on this Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our products and services in the Application including sharing information to Grab Affiliates and/or Partner for the purpose of providing the Services on this Application. Your use of the account and the Application may be monitored by us or a third party service provider to provide you with information on your business and Account.
You further agree that any personal data you receive via the Application shall only be used for the direct and specific purpose for which you are provided the personal data; and shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a user via the Application for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.
1.2.5. Guarantee and Liability
You guarantee that the product, food and/or beverages provided, prepared and sold to Consumers, are in good quality and safe for consumption. In the event of any food and/or beverages of GrabFood Merchant are spoiled, or which results in food poisoning, allergies or other effect that will harm Consumers, you will be personally responsible and/or legally liable for such incident, both material and immaterial, and release Grab from any claim related to such matter.
The GrabFood Merchant guarantees that the products, food and/or beverages offered are of high quality and their storage, production and preparation comply with all relevant restaurant and food safety regulations. If any violations are found by the relevant authorities, you must notify Grab immediately. You further acknowledge and agree that the SPI may batch several orders for trip efficiencies (where applicable).
The GrabFood Merchant also guarantees the licenses required by the prevailing laws are obtained and valid to run their business, including but not limited to business licenses, operational licenses, and/or other relevant licenses, and license to sell beverages/foods containing alcohol (should the GrabFood Merchant sell alcoholic products). Any risks resulting from failure to obtain the license solely falls to the GrabFood Merchant, and the GrabFood Merchant hereby holds Grab harmless from and against any claims, petitions or other lawsuits related to the failure of the GrabFood Merchant to comply with the relevant licenses.
1.2.6. Hyperlinks
You must obtain our prior written approval if you wish to link to or make use of any content on our Application. In this regard, you may send us a formal request by way of email for our consideration. For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Application for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Application (a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (b) in any website which prohibits such linking or will in any way prejudice or compromise our reputation or integrity. We reserve the right to withdraw linking permission without notice. The Application must also not be framed on any other site.
1.2.7. Content of the Application
Without prejudice to any other provisions in these Terms of Service, we may vary, modify or remove any content on the Application without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the rare event where any information on our Application contains any typographical errors, inaccuracies or omissions, we reserve the right to carry out measures such as (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) canceling orders if any information provided to or by you or user(s) (whether via this Application or other related website) at the time the order is placed or is amended inaccurate or if we otherwise are of the view that it is appropriate to cancel your order (“Rectification Measure”), at any time without prior notice (including without limitation after an order has been submitted). Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on our Application; or carry out any other Rectification Measure, except as required by law. For the avoidance of doubt, no specified update or refresh date as shown on the Application or on any related website, should be taken to indicate that all information on the Application or on any related website has been modified or updated; and we shall, in no event, be liable to you or any third party for any losses, damages or consequences arising from (i) any variation, modification or removal of the content on the Application; and (ii) any Rectification Measure taken.
1.2.8. Payment Method
Notwithstanding any provisions otherwise, in order to settle any amount payable by you to Grab or Grab Affiliates (“Amount Payable”), you authorize Grab and Grab Affiliates to directly deduct the Amount Payable from any amount receivable by you as a Partner (including without limitation your balance in the merchant wallet on the Application) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed Grab or Grab Affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set-off the Amount Payable against your Amount Receivable by providing reasonable advance notification to you; or opt to issue an invoice for the amount payable where we deem appropriate.
1.2.9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT PREJUDICE TO THE OTHER PROVISION OF THESE TERMS OF USE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LOWEST OF (i) ONE MILLION RUPIAH (RP.1,000,000), (ii) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (iii) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 12 MONTHS (IF ANY).
1.2.10. Termination
Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a merchant on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued to the other party or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement.
1.3. For Delivery Driver
In the event that you are willing to provide a GrabFood Solution, you hereby agree to the following terms:
2.1. For GrabMart and/or Grosir-Services Consumers:
2.1.1. The Application allows you to place orders for retailer goods and/or wholesaler goods (including but not limited to groceries and/or daily utilities) made available for sale on the Application (“Goods”) from Merchants (“GrabMart Merchants” and/or “Grosir-Services Merchants”), in accordance with the options provided to you when making the order, which:
(i) for GrabMart will be delivered to you by SPI, whereas the delivery fee will be displayed via Application by SPI, and if you have agreed, you are required to pay the delivery fee to SPI via Application;
(ii) for Grosir Services may be delivered you by Delivery Service Provider and/or Logistic Provider and/or SPI, whereas the delivery fee will be displayed via Application (or any other available Platform provided by Grab) by Delivery Service Provider and/or Logistic Provider and/or SPI, and if you have agreed, you are required to pay the delivery fee to such Delivery Service Provider and/or Logistic Provider and/or SPI via Application (or any other available Platform provided by Grab).
Grab does not own, sell or resell any Goods and does not control GrabMart Merchants and/or Wholesale Merchants and/or Delivery Service Provider and/or Logistic Provider or any services provided by them. You understand that any order you place must be subject to the product availability and location-serving capabilities of the GrabMart Merchant and/or Wholesale Merchant and/or Delivery Service Provider and/or Logistic Provider and/or SPI.
2.1.2. Definition and Interpretation
All terms and definitions defined above, still have the same meaning, unless specifically regulated in the provisions in the articles below:
2.1.2.1 “GrabMart Merchants” means Merchant(s) and/or Kudo Merchant (in the GrabMartDaily and/or GrabMartKilat feature) who run their business as retailers for GrabMart services.
2.1.2.2. “Grosir-Services Merchant” means a Merchant conducting business as a wholesaler for Grosir Services.
2.1.3. To avoidance of doubt Grosir-Services arrangement is only applicable under the Grab Application specifically for GrabFood Merchants. For this Grosir-Services, there will be an alternative option other than Delivery Service Provider and/or SPI, to opt in using third party logistic service provider that has cooperate with Grab or Grab Affiliates (“Logistic Provider”) whose main role is to distribute products from Wholesale Services specifically to GrabFood Merchants through the Grab Application (or any other available Platform provided by Grab);
2.1.4. GrabMartDaily and/or GrabMartKilat Features:
2.1.4.1. The GrabMartDaily and/or GrabmartKilat feature is a service available within the GrabMart Service, which allows you to order and/or purchase Goods (including but not limited to household products or other daily necessities) which are sold directly by Kudo Merchant.
2.1.4.2. Order Goods in GrabMartDaily and/or GrabMartKilat
2.1.4.2.1. All orders made by you will be deemed to be an offer made by you to purchase the selected Good(s) and quantity specified in your order under the GrabMart Terms of Service.
2.1.4.2.2. All orders must be approved by the Kudo Merchant. Processing of payment for an order does not in itself constitute an order acceptance by the Kudo Merchant, provided that if an order for any Goods is rejected or canceled by the Kudo Merchant, the payment that has been made for the order(s) will be refunded or returned by Kudo Merchant in accordance with Grab’s current refund policy.
2.1.4.2.3. All orders made by you are subject to stock availability. Kudo Merchant reserves the right to cancel, modify or reject your order in whole or in part, at any time and without liability or compensation, where any Goods are out of stock or damaged, or unavailable for any other reason. Kudo Merchant reserves the right to limit your order or the number of certain items you order.
2.1.5. All Goods order and delivery bookings placed on the Application are treated as confirmed. You shall not be entitled to cancel your booking once you have received a confirmation. If you cancel your booking after it has been confirmed, you remain liable to pay the delivery fee and/or platform fee or any fee that apply therein in full regardless of whether the order has been prepared by the GrabMart Merchants and/or Grosir-Services Merchants.
2.1.6. Upon your successful completion of placement of a booking, the GrabMart Merchants and/or Grosir-Services Merchants and/or the Delivery Service Provider and/or SPI (or Delivery Driver Partner and/or any of its partner) and/or Logistic Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order including the address for delivery, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Grab is not involved in and will not be responsible for any separate arrangement between you and the GrabMart Merchants and/or Grosir-Services Merchants and/or the Delivery Service Provider and/or SPI (or Delivery Driver Partner and/or any of its partner) and/or Logistic Provider.
2.1.7. Grab, the GrabMart Merchants and/or Grosir-Services Merchants and/or the Delivery Service Provider and/or SPI (via Delivery Driver Partner and/or any of its partner) and/or Logistic Provider may not 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, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered.
2.1.8. The prices of Goods reflected in the Application are determined solely by the GrabMart Merchants and/or Grosir-Services Merchants and are listed for information only.
2.1.9. Prices of Goods as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the GrabMart Merchants and/or Grosir-Services Merchants, be incorrectly reflected and in such an event the GrabMart Merchants and/or Grosir-Services Merchants may cancel your order(s).
2.1.10. If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the booking. All promotion codes and discounts are subject to its specific terms and conditions. The price payable for the discounted item may be rounded and will be set out on the check out page for your booking. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. Pursuant to arrangement or agreement between you and the GrabMartMerchant and/or Grosir Service Merchant pursuant to Clause 1.1.3 above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.
2.1.11. The GrabMart Merchants and/or Grosir-Services Merchants shall be solely responsible for any warranty in relation to, and quality of, the Goods sold to you.
2.1.12. You are responsible for ensuring that the delivery details entered by you on the Application are accurate and complete. Grab shall not be liable in the event of late delivery or non-delivery of Goods that you order by reason of erroneous delivery details entered by you on the Application.
2.1.13. After the delivery of the Goods, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the Goods (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.
2.1.14. If applicable, persons placing an order for alcohol/cigarettes from any GrabMart Merchants and/or Grosir-Services Merchants must be at least twenty one (21) years old. Alcohol/cigarettes can only be sold and delivered to persons who are at least twenty-one (21) years old as stipulated under the applicable laws and regulations. By placing an order that includes alcohol/cigarettes, you represent and warrant that you are at least twenty (21) years old. The Grab, GrabMart Merchants and/or Grosir-Services Merchants and/or the Delivery Service Provider and/or SPI (or Delivery Driver Partner and/or any of its partner) and/or Logistic Provider will have the right to (i) request your ID (KTP) for age verification, (ii) refuse to deliver or provide any alcoholic/cigarettes product to any person who at the time of delivery or collection of takeaway does not appear to be at least twenty (21) years old or cannot prove that he/she is at least twenty (21) years old or (iii) Any person who is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that Grab and/or the Delivery Service Provider and/or SPI and/or the GrabMart Merchants and/or Grosir-Services Merchants shall not be liable to make any refund for payment already made by you. If it turns out that you are under twenty (21) years old, you hereby stating that the legal consequences will be at your own risk & responsibility, and release Grab and/or the Delivery Service Provider and/or SPI and/or the GrabMart Merchants and/or Grosir-Services Merchants, from all claims, and other liabilities, due for any action in trying to deceive Grab’s system or the Driver and/or the Delivery Service Provider and/or SPI or the GrabMart Merchants and/or Grosir-Services Merchants, in relation to the aforementioned minimum age limit.
2.1.15. You agree that when requesting to pick/deliver Goods from GrabMart Merchants and/or Grosir-Services Merchants through Application, SPI will be responsible for and guarantee to undertake the delivery service (subject to the availability of service at your location). If the delivery service fails or is cancelled for reasons that SPI determines are attributed to you (for example, you provided an incorrect delivery address) you will be charged no more than the full price for the delivery service. If the delivery service fails or is cancelled for any reason that SPI determines are not attributed to you, you may be entitled to a refund for any charges paid for such delivery service;;
2.1.16. In the event any Goods of merchant are spoiled, broken, defected, or which results in disappointment or harm you (if eaten or utilized), Grab will not be responsible, and any risk occur when using the Service will be at your own sole risk.
2.1.17. You agree that Grab may disclose your personal data to SPI for the purpose of providing GrabMart Services and Solutions for you;
2.1.18. In the event of any discrepancy, error, or failure in the provision of GrabMart Services and Solutions by SPI, you may hold SPI liable for your losses, provided that you must be able to prove that the loss it occurs due to the SPI’s fault;
2.1.19. Rejection, Cancellation and Refund
2.1.19.1. In the event that the Goods that have been ordered and paid for are not available, the order for the Goods will be cancelled automatically through our Platform. We will make a refund in the form of OVO Cash in the amount according to the Goods that is not available within 1×24 hours after the transaction status changes to “Delivered”.
2.1.19.2. You can use the OVO Cash to make purchases back on our Platform. The value of OVO Cash will deduct the value of your shopping. If the value of your purchase is less than the value of OVO Cash, no refund will be given. Each OVO Cash is unique and its use cannot be combined.
2.1.20. Best Match
By selecting the “Best Match” option (“Best Match”), you agree and acknowledge that:
a. You agree and authorise the merchant-partner to choose a replacement item on your behalf (“Replacement Item”), when your originally selected item (“Original Item”) is unavailable. Upon selecting the Best Match option, you voluntarily and consciously release the responsibility of selecting the Replacement Item to the merchant-partner and accept the discretion of merchant-partner in providing a reasonable substitute.
b.The Replacement Item will be chosen at the merchant-partner’s absolute discretion. The merchant-partner is under no obligation and makes no representation or warranty that the replacement Item will satisfy any of your specific intended purpose nor cater to your dietary needs, requirements or preferences.
c. The cost of the Replacement Item may be higher or lesser than the cost of the Original Item. In the event Replacement Item is priced higher than the Original Item, you will be obligated to pay the Replacement Item price irrespective of your non selection. The total maximum increase in the value of the order, will be capped at 20%.
d. Grab and any of its directors, employees, agents or affiliates shall not be liable for any and all claims, losses, liabilities, expenses, damages, costs, or any similar charges or costs suffered or incurred by you or any third party with the use or consumption of the Replacement Item chosen by the merchant-partner including but not limited to any and all claims, losses, liabilities, expenses, damages, costs, or any similar charges or costs arising from personal/ bodily injury, foodborne illness, food poisoning, and death.
e. To the fullest extent permitted by the applicable laws, the total aggregate liability of Grab and any of its directors, employees, agents or affiliates howsoever arising from or in connection with the Best Match shall not exceed Rp300.000,00.
f. If you find the quality, suitability, or condition of the Replacement Item unsatisfactory and seek a refund, Grab will process your request in accordance with Grab’s refund policies.
g. Grab’s Terms of Service and Grab’s Privacy Notice applies to these Best Match’s terms of service.
2.2. For Delivery Driver and/or the Delivery Service Provider and Logistic Providers:
2.2.1. You agree that in the event of failed delivery (wherein either the address provided by customer is incorrect or the customer is unable and/or refuse and/or uncontactable to accept the Goods) and returned Goods, you are responsible to deliver/return the Goods back to the GrabMart Merchants and/or Grosir-Services Merchants (or store) to which the Goods was handed over to you or to leave the Goods at the premises of the Consumer, subject to confirmation and direction from representative of Customer Experience.
2.2.2. You undertake to be cautious in dealing with the Goods and to use best endeavour to ensure that the Goods are delivered safely, in the exact manner to which it was handed over to you by the GrabMart Merchants and/or Grosir-Services Merchants.
2.2.3. You agree that you will cooperate in relation to any criminal investigation that is required and to assist Grab in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.
2.2.4. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, any Consumer, Grab or any third party as a result of any breach of these Terms of Service.
2.2.5. Specifically for Logistic Provider for Grosir-Services, you agree and acknowledge that Grab only provide the platform services, and will not be responsible with any delivery process and risk that you provided to End-User and/or Grosir-Services Merchant. Any claim or complaint or other obligation with respect to your delivery services for End-User and/or Grosir-Services Merchant will solely be your own responsibility.
2.2.6 Specifically for Delivery Driver Partner for delivery services of GrabMart Solution, you hereby agree to the following terms:
2.3. For GrabMart Merchants and Grosir-Services Merchants:
This section applies to your use of the GrabMart Merchants and/or Grosir-Services Merchants Application (if applicable), and the terms in this Agreement are in addition to any other written agreement(s) entered into between you and Grab.
2.3.1. Creation and Monitoring of Self-funded Campaign or Promotion
You may be able to create a campaign, participate in promotion or place an order for advertisement(s) on the Platform PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and/or advertisement (“Marketing Activity(ies)”). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from the Application may be varied from time to time at Grab’s sole discretion, and where provided, suggested or offered, you agree and acknowledge that they are made available on an ‘as-is’ basis.
By creating or participating in any Marketing Activities, you accept the following additional general conditions:
(a) Any information submitted through your account to us (whether via our Application or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.
(b) Any information you input into the Platform where required or otherwise provided to us must be complete, truthful, accurate and not misleading.
(c) Your intention to create or otherwise indicate consent to participate in a Marketing Activity must be genuine and must not be conducted in a manner which may be misleading to the Consumers. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.
(d) Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.
(e) You shall be responsible to directly handle any complaints or enquiries from Consumers in respect of the Marketing Activity.
(f) In the event where you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Marketing Activity and remain responsible to handle any enquiries or complaints from Consumers in respect of or in connection with the Marketing Activity.
(g) Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Marketing Activity is, and will be conducted, in accordance with the applicable law.
(h) While we do not supervise or monitor the Marketing Activity, we reserve the rights to (but are not obliged to) cancel, take down, suspend or otherwise vary the Marketing Activity as we deem fit, without being liable for any damage or loss whatsoever, including any refund of the fee or cost which you have paid for the purposes of the Marketing Activity.
(i) We may make available to you information relating to the Marketing Activity, and such information is considered as part of the Platform Content and is subject to Clause 2.3.7. below of this Section B.
(j) You agree to pay to Grab any and all costs and expenses in connection with the Marketing Activity. Notwithstanding any other provisions, you authorise Grab and its affiliates to directly deduct any amount payable by you to Grab or its affiliates, including without limitation the said costs and expenses in connection with the Marketing Activity (“Amount Payable”), from any amount receivable by you as a Partner (including without limitation your balance in the merchant wallet on the Platform) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed Grab or its affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set off the Amount Payable against your Amount Receivable by providing reasonable notification to you, or to issue an invoice for the Amount Payable where we deem appropriate.
(k) You must notify us immediately if your account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred due to the Marketing Activity created or launched using your account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your account.
(l) You agree that any amount payable to you by Consumers for each Good Order placed pursuant to the Marketing Activity may be rounded in accordance with our internal policies
2.3.2. Submission of Content or Information
We do not claim ownership of any content or information that you upload on the Platform or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such licence.
We may enable you to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by Consumer(s) in order to facilitate the Solution including without limitation detail(s) of an order placed by a Consumer. You acknowledge that any such content or information may be made available in real time to end consumers via the Platform or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the Consumer(s) in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you (via the Platform or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by Consumer(s) such as an order placed by a Consumer, you further agree that by amending such content, (1) you have obtained the prior consent or acceptance from the affected Consumer; and (2) Grab is not involved in and will not be responsible for the amendments made by you, though Grab reserves the right to (but is not obliged to) carry out Rectification Measure(s) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.
2.3.3. Merchant Access to Grab Platforms
Where you are a Merchant, Grab may allow you to access, view, retrieve, disclose, manage and/or otherwise use (“Use”) information relating to the Service, Solutions and/or other confidential details of your business or relationship with Grab (“Business Information”) via a user account(s) on the Platform(s) (“Account(s)”) as well as to enable other person(s), be it a natural or legal person, authorized by you, your personnel via email correspondence or otherwise confirmed in accordance with the provisions of the separate agreement that you have entered into with Grab (“Merchant Authorized User(s)”), to Use the same via separate Account(s). In such an event, you agree that:
You shall ensure that yourself and each Merchant Authorized User accept and comply with any and all terms, guidelines and policies that are applicable to access or use of the Account(s) and the relevant Platform(s), which may be updated from time to time. This includes without limitation the provisions made available herein, which the Merchant Authorized Users shall comply with as if they are ‘you’.
You are solely responsible to ensure that each Merchant Authorized User has the necessary rights to Use the Business Information; and shall provide Grab with a written notice at least thirty (30) days prior to the termination or expiry of your relationship with the Merchant Authorized User(s); or where any Use by the Merchant Authorized User(s) shall be terminated or suspended for any reason(s). Without prejudice to any other provisions, you acknowledge that pursuant to operational or technical limitations, Grab and/or its affiliate(s) may not be able to terminate or suspend the Merchant Authorized User’s Use in time, in which case, you shall prohibit the Merchant Authorized User(s) from continuing to Use the Account, Business Information, Platform or any part thereof by other means; and Grab and its affiliate(s) shall never be held liable in any manner for the same.
All information that Grab and its affiliate(s) makes available, including without limitation the Business Information, are on an “as is” basis and Grab and its affiliate(s) do not give any warranties or representations (express or implied, and whether on their own behalf or that of their respective directors, officers, employees, agents or advisers) with regard to the accuracy, quality, timeliness, reliability or completeness of the same. You are responsible to make your own evaluation of the information.
You are solely responsible for each Merchant Authorized User’s Account(s) as well as their respective Use of the Business Information, Account(s) and the Platform(s); and Grab and its affiliates shall not be liable for any losses that you incur as a result of the same.
Grab reserves the right, but is not obliged, to require you to provide information on your relationship with each Merchant Authorized User; and to, at its sole absolute discretion, impose additional conditions for the Use or the Platform(s), such as a requirement that an additional fee be paid for the Use, Platform(s) or any part thereof; or terminate or suspend any Merchant Authorized User’s access to the Account(s) and/or Platform(s).
2.3.4. Personal Data
Without prejudice to the foregoing, information which you have submitted to us for your registration as a user and/or merchant on our systems, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Application or in the course of carrying out Services on this Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our products and services in the Application including sharing information to the Driver and/or the Delivery Service Provider and/or SPI for the purpose of providing the Services on this Application. Your use of the account and the Application may be monitored by us or a third party service provider to provide you with information on your business and Account.
You further agree that any personal data you receive via the Application shall only be used for the direct and specific purpose for which you are provided the personal data; and shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a user via the Application for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.
2.3.5. Guarantee and Liability
You guarantee that the Goods provided, sold to Consumers, are in good quality and safe for consumption/use. In the event of any Goods are spoiled, broken, defected, or which results in disappointment or that will harm Consumers (if consumed or utilized), you will be personally responsible and/or legally liable for such incident, both material and immaterial, and release Grab from any claim related to such matter.
The GrabMart Merchants and/or Grosir-Services Merchants guarantees that the Goods offered are in good and high quality for users, and has comply with all relevant regulations. If any violations are found by the relevant authorities, you must notify Grab immediately. You further acknowledge and agree that the Delivery Service Provider and/or SPI may batch several orders for trip efficiencies (where applicable).
The GrabMart Merchants and/or Grosir-Services Merchants also guarantee the licenses required by the prevailing laws is obtained and valid to run their business, including but not limited to business licenses, operational licenses, and/or other relevant licenses to sell Goods, and license to sell alcohol/cigarettes (should the GrabMart Merchants and/or Grosir-Services Merchants sells alcoholic/cigarettes products). Any risks resulting from failure to obtain the license solely falls to the GrabMart Merchants and/or Grosir-Services Merchants, and the GrabMart Merchants and/or Grosir-Services Merchants hereby holds Grab harmless from and against any claims, petitions or other lawsuits related to the failure of the GrabMart Merchants and/or Grosir-Services Merchants to comply with the relevant licenses.
2.3.6. Hyperlinks
You must obtain our prior written approval if you wish to link to or make use of any content on our Application. In this regard, you may send us a formal request by way of email for our consideration. For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Application for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Application (a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (b) in any website which prohibits such linking or will in any way prejudice or compromise our reputation or integrity. We reserve the right to withdraw linking permission without notice. The Application must also not be framed on any other site.
2.3.7. Content of the Application
Without prejudice to any other provisions in these Terms of Service, we may vary, modify or remove any content on the Application without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the rare event where any information on our Application contains any typographical errors, inaccuracies or omissions, we reserve the right to carry out measures such as (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) cancelling orders if any information provided to or by you or user(s) (whether via this Application or other related website) at the time of the order is placed or is amended is inaccurate or if we otherwise are of the view that it is appropriate to cancel your order (“Rectification Measure”), at any time without prior notice (including without limitation after an order has been submitted). Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on our Application; or carry out any other Rectification Measure, except as required by law. For the avoidance of doubt, no specified update or refresh date as shown on the Application or on any related website, should be taken to indicate that all information on the Application or on any related website has been modified or updated; and we shall, in no event, be liable to you or any third party for any losses, damages or consequences arising from (i) any variation, modification or removal of the content on the Application; and (ii) any Rectification Measure taken.
2.3.8. Payment Method
Notwithstanding any provisions otherwise, in order to settle any amount payable by you to Grab or Grab affiliates (“Amount Payable”), you authorize Grab and Grab Affiliates to directly deduct the Amount Payable from any amount receivable by you as a Partner (including without limitation your balance in the merchant wallet on the Application) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed Grab or Grab Affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set-off the Amount Payable against your Amount Receivable by providing reasonable advance notification to you; or opt to issue an invoice for the amount payable where we deem appropriate.
2.3.9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT PREJUDICE TO THE OTHER PROVISION OF THESE TERMS OF USE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LOWEST OF (i) ONE MILLION RUPIAH (RP.1,000,000), (ii) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (iii) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 12 MONTHS (IF ANY).
2.3.10. Termination
Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a merchant on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued to the other party or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement.
3.1. The Application allows you to order household products / groceries (“Products”) from third party sellers (“Seller”). Your orders are delivered to you by PartnerPartner. Grab does not control the seller or Partner. You understand that every order is subject to availability of the products and the shipping capabilities of the seller and/or Partner.
3.2. Each order is carried out according to the order confirmation. However, immediately after the completion of your successful order, the Seller and / or the Partner may contact you on the contact number you provide or otherwise to ascertain the order details, changes to orders (such as: in the absence of Goods), prices to be paid, changes to the price of the order, and / or the possibility of delivery time.
3.3. Your order may not be processed if (i) you do not pick up the phone or cannot be contacted when the Seller and / or the Shipping Service Provider contact you to confirm the order, or (ii) the total size of the Goods exceeds 32x25x12cm / 13kg , then the provisions relating to the cancellation below will apply.
3.4. Prices of Products listed in the Application are determined entirely by the Seller and displayed for information purposes only. Prices of Products listed in the Application may, for reasons such as technical errors, typing errors or less up-to-date information provided by the Seller, be incorrectly listed and the Seller may cancel your order in connection with the price inaccuracy.
3.5. The Seller is solely responsible for any statement regarding the quality of the Goods sold to you and any statement and quality of the Products is not Grab’s responsibility.
3.6. As a general condition for cancellation of this order, you are not entitled to cancel the order as soon as you receive your order confirmation. If you cancel your order after being confirmed, you are still responsible for paying shipping costs even though the Products have been prepared by the Seller.
3.7. You are still responsible for paying the price of the order in full when: (i) the cancellation of the order is made by you after the Partner picks up the Products you ordered, or (ii) you are not present or arrive at the shipping location, or (iii) you cannot contacted, both physically and through telephone contact, after 10 (ten) minutes the Partner arrives at the delivery location.
3.8. Grab, the Seller or the Partner have the right not to process your order, if the following events occur:
3.9. After the Products are delivered to you, you are responsible for any loss, damage, or contamination of the Products.
4.1. For Consumers:
4.1.1. GrabExpress can be accessed via Application and/or web portal (which can be found at https://express.grab.com/book/login). The GrabExpress service in the Application allows you to use delivery service, which will be provided by SPI, whereas the delivery fee will be displayed via Application by SPI, and if you have agreed, you are required to pay the delivery fee to SPI via Application.
The types of GrabExpress services provided by Grab are as follows:
4.1.2. You shall not send any delivery item containing any of the following:
4.1.3. You represent and warrant that you are either the owner or authorised representative of the owner of the delivery item, and that you are authorised to accept and you accept these Terms of Service for yourself or as a representative acting for and on behalf of the owner of the delivery item.
4.1.4. You are responsible for ensuring that the delivery details (e.g. recipient’s name, contact details and delivery address) entered by you on the Application are accurate and complete. Grab shall not be liable in the event of late delivery or non-delivery of delivery items by reason of erroneous delivery details entered by you on the Application.
4.1.5. You represent and warrant that you are duly authorised by the recipient of the delivery item to provide the recipient’s details (e.g. name, contact details and delivery address) to Grab and/or the Delivery Service Provider and/or SPI (whether by way of your entering such details on the Application or otherwise).
4.1.6. You represent and warrant that the description and specific details of the delivery item which you provide are accurate and complete. Before delivery commences, you must inform the Delivery Service Provider and/or SPI of any specific precautions which should be applied to the handling of the delivery item in accordance with its nature.
4.1.7. You represent and warrant that you comply with all applicable laws and regulations relating to the nature, condition, packaging, handling, storage, and transportation of the delivery item and the delivery item is not or does not, in any way or condition: (a) non-compliant with or prohibited by any applicable laws or regulations; (b) dangerous; (c) easily experience degradation of quality; (d) flammable; (e) contain explosives; (f) corrosive; (g) contain radioactive substances; (h) prohibited based on the provisions stipulated in the ASEAN Framework Agreement On The Facilitation Of Goods In Transit (including Protocol 9); and/or (i) regulated by other relevant authorities.
4.1.8. Grab and/or the Delivery Service Provider and/or SPI (via Delivery Driver and/or any of its partner) has the right to open and inspect the delivery item without prior notice to you based on any reasonable suspicion that the delivery item may contain or constitute non-compliant or prohibited items as referred to in the above mentioned provisions herein and Grab and/or the Delivery Service Provider and/or SPI has the right to refuse the receipt and delivery of such delivery item.
4.1.9. You represent and warrant that the delivery item has been packed by yourself personally, is properly and sufficiently prepared, packed, stowed, labelled and marked in a manner that is appropriate to any operations or transactions affecting the delivery item and the characteristics of the delivery item.
4.1.10. After the delivery item is delivered, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention relating to the delivery item whether or not caused directly or indirectly by you or any recipient of the delivery item (or any person acting as servant, representative or independent contractor for or on behalf of you or the recipient).
4.1.11. You acknowledge that in the ordinary course of delivering your item, the Delivery Service Provider and/or SPI (or Driver Delivery Partner and/or any of its partners) may disclose your details to the recipient upon request. To the extent that you do not wish for this to take place, you may inform the Delivery Service Provider and/or SPI via the Application at the point of making your booking. You acknowledge and understand that you remain liable to pay the delivery booking fee in full in the event that the recipient refuses to take receipt of your item as a result of your decision to remain anonymous.
4.1.12. As a general rule you shall not be entitled to cancel your booking once you have received confirmation of the same. If you cancel your booking after it has been confirmed, you remain liable to pay the delivery booking fee in full. You remain liable to pay the delivery booking fee in full where the recipient whom you indicated in the Application is unreachable physically or uncontactable after 5 minutes from the time that the Delivery Service Provider and/or SPI arrives at the designated delivery location. Grab and the Delivery Service Provider and/or SPI will have the right to not proceed with your booking in the following circumstances:
(a) where the requested delivery location falls outside the delivery zone offered on the Application;
(b) failure to contact you by phone or other means at the time of confirming the order booking;
(c) failure to deliver your order due to lack of information, direction or authorisation from you at the time of delivery; or
(d) the recipient whom you indicated in the Application is unreachable physically or uncontactable, after 5 minutes from the time that the Delivery Service Provider and/or SPI (or Delivery Driver Partner and/or any of its partners) arrives at the designated delivery location.
4.1.13. The Delivery Service Provider and/or SPI have the right to refuse delivery and/or any claim (if any), if (i) the delivery item falls within the categories listed at paragraph 3.1 above, and/or (ii) the delivery item weighing more than 15kg or having dimensions bigger than 50x50x50 cm3 for “Instant” services, and weighing more than 7 kg or having dimensions bigger than 40x40x20 cm3 for “Same Day” services.
4.1.14. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Delivery Service Provider and/or SPI, Grab or any third party as a result of any breach of the Terms of Service.
4.1.15. You agree that when requesting GrabExpress service through our Application, SPI will be responsible for and guarantee to undertake the delivery service (subject to the availability of service at your location). If the delivery service fails or is cancelled for reasons that SPI determines are attributed to you (for example, you provided an incorrect delivery address) you will be charged no more than the full price for the delivery service. If the delivery service fails or is cancelled for any reason that SPI determines are not attributed to you, you may be entitled to a refund for any charges paid for that delivery service;
4.1.16. For more information on how to use the GrabExpress services:
4.1.17. You agree that Grab may disclose your personal data to SPI and Delivery Driver for the purpose of providing GrabExpress Services and Solutions for you;
4.1.18. In the event of any discrepancy, error, or failure in the provision of the GrabExpress Services and Solutions by Delivery Driver, you may hold the SPI liable for your losses, provided that you must be able to prove that the loss it occurs due to SPI’s fault;
4.2. Delivery Services in Cooperation with Delivery Service Provider
In relation to the delivery service provided by Delivery Service Provider on intercity delivery services and/or other delivery services with Delivery Service Providers, which are available on the Applications, you hereby acknowledge and agree to the following:
4.2.1. The Delivery Service Provider which provides the delivery service is independent and separate from SPI, and the Delivery Service Provider’s terms and conditions shall apply to the services provided by the Delivery Service Provider. (if applicable) the Delivery Service Provider’s the terms and conditions will appear or be linked on the page before you book the Delivery Service Provider’s services;
4.2.2. The Delivery Service Provider shall be fully responsible and held liable for the delivery service of all goods. Grab (i) does not guarantee the delivery of delivery services by such Delivery Service Providers, and (ii) shall not be responsible or held liable to indemnify any acts and negligence of the Delivery Service Providers. All disputes or queries regarding the use of the delivery service by the Delivery Service Provider shall be resolved directly with the Delivery Service Provider;
4.2.3. Grab will provide all of the provided information in the Application, including your Personal Data, in accordance with your consent and Grab’s Privacy Policy to enable Delivery Service Provider to provide delivery services to you; and
4.2.4. GrabRewards Points for the use of delivery services provided by Delivery Service Providers are only valid in accordance with the terms and conditions determined and notified by Grab to you from time to time.
4.3 For Delivery Driver
In the event that you are willing to provide a GrabExpress Solution, you hereby agree to the following terms:
For Consumers
5.1. As the rider, you are in sole and full control of the personal mobility devices (including but not limited to scooters) (each a “Personal Mobility Device” or “PMD“). Consequently, you represent to Grab and undertake that you have the physical and mental ability, skill and experience to handle the Personal Mobility Device in a safe, responsible and lawful manner and that you shall abide by the Service Rules below.
Repairs and Other Costs and Fees
5.2. 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 Service herein:
5.3. Grab may recover such costs and fees as monies owed to it via your designated payment method or demand the same from you in cash.
5.4. 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.
5.5. We may recover loss and damage as monies owed to us by charging your credit card, debit card or OVO Balances associated with your user account, without your further consent.
GrabWheels Service Rules
5.6. Safety checks before the ride: Before using any PMD, you must verify the safe operation of the PMD and satisfy yourself that you are able to operate the PMD. The safety checks to conduct include, without limitation:
5.6.1. Effectiveness and functionality of the electric brakes and mechanical brakes;
5.6.2. Fit and flexibility of the handle bar;
5.6.3. Ensure that the headlights are working. Headlights must be turned on between 7 p.m. to 7 a.m. and when visibility is low;
5.6.4. Effectiveness and functionality of throttle (or accelerate) button;
5.6.5. All light reflectors are in good working condition;
5.6.6. Ensuring that the PMD bell is working;
5.6.7. Ensuring that mudguards are attached properly to avoid dirt and mud from hindering control of the PMD;
5.6.8. Ensuring that the PMD is free from any discernible defect that may affect the safe operation of the PMD;
5.6.9. Ensuring that the PMD is suitable for a person of your height, weight and build;
5.6.10. Ensuring that You have worn the complete set of the Safety Gear; and
5.6.11. Ensuring that the permissible speed limit is not exceeded.
DO NOT USE THE PMD if it does not satisfy any of the above requirements or is otherwise unsafe for operation. In such event, you must also immediately notify Grab via the Platform of (i) the registration number of the PMD in question; and (ii) the safety issues associated with that PMD.
5.7. 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:
5.7.1. Obey all applicable laws and regulations (including those related to traffic, road safety and parking, e.g. following the flow of traffic, riding on the dedicated/permitted lane for PMD);
5.7.2. Do not ride on expressways and roads;
5.7.3. Wear all necessary safety gear (helmet, protective pads and proper shoes) to mitigate the risk of personal injury;
5.7.4. Do not use any mobile phone or other devices while riding any PMD;
5.7.5. Do not operate any PMD under the influence of alcohol, drugs, medication or other substances that may impair the safe operation of the PMD;
5.7.6. You must be below 100kg in weight in order to operate the PMD;
5.7.7. 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;
5.7.8. 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;
5.7.9. Stop and look out for vehicles and pedestrians at crossings before resuming your journey;
5.7.10. Do not cause nuisance, inconvenience or distress to other users including pedestrians;
5.7.11. Do not use the PMD when visibility is low;
5.7.12. Do not use any PMD in bad weather condition;
5.7.13. You must only use the PMD in the Indonesia and its authorized operating areas. You will not transfer, or caused to be transferred, the PMD to any location outside the Indonesia; and
5.7.14. Exercise due care and reasonable judgment in the usage of the PMD.
5.8. You hereby acknowledge and understand that Grab has provided you with the Safety Gear, including but not limited to helmets, or protective pads. The complete set of Safety Gears are important in riding PMD. In the event that you steal, damage, and/or loose the Safety Gear, you agree to be fined in the amount of at least Rp 1,500,000 (one million five hundred thousand rupiah) for each Safety Gear that is stolen, damaged, and/or lost. In each time prior to ride the PMD, you represent and warrant that (i) the PMD and the Safety Gear are complete and well-functioned; (ii) you have worn the complete set of Safety Gear; and (iii) you will assume the responsibility in the event that the PMD and/or the Safety Gear is lost or damaged while in your possession.
Parking of PMD
5.9. Areas designated for parking of PMDs are usually identified by the presence of the GrabWheels logo on floor stickers and can be located in the Application map screen. It is your responsibility to park the PMD in an orderly fashion, and only in designated parking spots so that other users can also enjoy the use of the PMD.
5.10. 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.
5.11. Do not park (or leave unattended or abandon) any PMD:
5.11.1. in any private spaces (e.g. within condominiums, private properties, etc) and any public restricted areas;
5.11.2. on public footways and public roads;
5.11.3. in a manner that obstruct entrances, exits, roads, paths, carparks or parking lots of any property, national parks, nature reserves and public parks;
5.11.4. 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
5.11.5. in any part of a subway or train station which is not designated for the parking of PMDs.
5.12. The PMD and its Safety Gear shall be returned to and parked at a designated parking lot before the PMD battery runs out.
5.13. When parking the PMD, ensure that the kickstand is flipped down.
5.14. If you park (or leave unattended or abandon) the PMD at a location other than a designated parking spot, you may be liable to pay a service charge/penalty. Grab reserves the right to facilitate payment for such service charge/penalty via your designated payment method or by deducting the appropriate amount from the deposit or demand from you in cash.
Maximum Usage Time
5.15. The maximum continuous rental time allowed of any PMD is 4 hours, after which Grab reserves the right to lock and retrieve the PMD and impose a retrieval fee (in addition to PMD rental fees).
5.16. If Grab is unable to retrieve or locate the PMD within 24 hours after you had last unlocked it, the PMD will be deemed lost or stolen and a police report may be filed against you. You shall also be liable for the replacement cost the PMD.
Responsibility for PMD
5.17. Do not allow any other person to use a PMD which has been unlocked by you.
5.18. Service 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).
5.19. 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 IDR10,000,000 or such other amount as Grab may stipulate from time to time).
5.20. 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.
Reporting of Incidents
5.21. You are required to contact Grab and file a police report immediately in the event of theft of the PMD or an accident that occurred during your use of the PMD resulting in bodily injury.
Deposit
5.22. 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 OVO Balances (as available) or where available by such other methods as are made available in the Platform at the rate shown in the Platform.
5.23. The security deposit may be applied towards the payment of any outstanding amounts owing from you to Grab arising from your use of the Service (including non-compliance with these Service Rules).
Suspension / Ban / Fines Imposition
5.24. The Grab App’s account of any user who is in breach of any of these Service Rules may be:
Purchasing GrabGifts for Users
7.1 This section applies to Users’ purchase of digital gift cards (“GrabGifts”) on the Platform, including bulk purchases.
7.2 You must have a valid Grab account to purchase GrabGifts.
7.3 If you are sending GrabGifts, you acknowledge and confirm that:
7.4 Payment shall be made using any of the payment methods made available by Grab. If you are purchasing GrabGifts for an overseas user, the GrabGifts purchase amount will be in the recipient’s local currency and the exchange rate will be determined by your card issuing company.
7.5 All GrabGifts purchases are final and cannot be cancelled or exchanged by you.
7.6 Grab reserves the right to decline to process or accept any GrabGifts purchase without providing any reason. You will receive a refund if Grab cancels a GrabGifts purchase. Grab will not be liable for any losses howsoever arising out of Grab’s declining or cancellation of a GrabGifts purchase.
7.7 You are responsible for resolving any disputes with your credit, debit or other card company on your own.
Purchasing GrabGifts for Corporate Entities
7.8 This section applies to prepaid purchase of GrabGifts by businesses registered in Indonesia.
7.9 Grab will invoice you following your placement of your GrabGifts order (“Order”). You must make payment in accordance with the payment instructions and timeline stated in the invoice.
7.10 Grab further reserves the right to suspend any transmission of GrabGifts, suspend activation of any GrabGifts and/or terminate the GrabGifts Contract without notice and liability to you in the event that:
7.11 All Orders are final and cannot be cancelled by you. You are responsible for ensuring that the Order details, such as type of GrabGifts, denominations, amounts, recipient email address are accurate. Grab will not be liable if the GrabGifts are not delivered or are delivered to an unintended recipient if the details provided by you are inaccurate or incomplete.
7.12 Where permitted by Grab, you may draw on GrabGifts in your Order in batches. The GrabGifts will be sent to your designated recipient three (3) business days after your written instructions are received by Grab in accordance with the notice details in the Order. Your Order must be fully drawn within six (6) months from the date of Grab’s invoice above failing which any undrawn amounts will be forfeited.
7.13 Grab will not be liable to you whether in contract, tort or otherwise for (a) any direct or indirect economic loss economic loss (including loss of profits, savings, goodwill expenditure) or (b) any indirect, consequential, incidental, special, exemplary loss howsoever arising in connection with the provision of GrabGifts provided under these terms. Nothing in these terms limits or excludes liability for death or personal injury caused by negligence or fraud.
7.14 You agree to defend, indemnify and hold Grab, its licensors and each party’s parent organisations, affiliates, subsidiaries, officers, directors, members, employees, attorneys and agents harmless from and against all claims, costs, damages, losses liabilities and expenses (including attorneys’ fees and costs and/or regulatory fines) arising out of or in connection with (a) any Order placed by you or on your behalf, (b) your violation of these terms and conditions or any applicable law or regulation, whether or not referenced herein and (c) your use or misuse of GrabGifts.
7.15 You shall not use the Grab name, logo or marks without Grab’s prior written consent. In the event that such consent is provided, Grab may withdraw such consent at any time by notifying you.
7.16 By placing an Order, you agree and acknowledge that the GrabGifts must be used in accordance with the terms and conditions set forth below. Please also refer to the GrabGifts Privacy Policy which explains how Grab collects, uses, processes and discloses Personal Data through the use of Grab’s mobile applications and websites.
Using GrabGifts
7.17 This section applies to use of GrabGifts by Users.
7.18 You must have a valid Grab account in order to receive and redeem GrabGifts. Grab will not be liable for any delay in sending, transmission or receipt of GrabGifts.
7.19 Redemption and usage of GrabGifts is subject to the usage restrictions stipulated for each GrabGift, including:
7.20 GrabGifts may only be redeemed in the Grab Application. Users should ensure that they have downloaded the latest version of the Grab Application.
7.21Grab will not replace, exchange or refund any GrabGifts that has expired.
7.22 GrabGifts cannot be transferred to another Grab account.
7.23 Each GrabGifts may only be redeemed once. Any unutilized GrabGifts amount will be forfeited. If your transaction value exceeds the GrabGifts value, you will be required to top-up the shortfall. GrabGifts may not be applied towards Grab platform fees.
7.24 Grab is not responsible for, and makes no warranty in relation to, the quality of the products and/or solutions for which the GrabGifts are redeemed.
7.25 GrabGifts may not be used in conjunction with other promotions or discounts, unless otherwise indicated.
7.26 Grab will not be responsible or liable for any GrabGifts sold by any third party.
7.27 GrabGifts cannot be exchanged for cash.
7.28 Grab may take any action for illegal or fraudulent usage of GrabGifts, including suspending or terminating your Grab account and cancelling the GrabGifts without reimbursement.
8.1 Terms in this section are applicable to you (advertisers) who wish to use GrabAds services to promote your business within the Grab Application. If you agree to use this service, you are responsible for complying with all applicable laws, regulations and codes that apply to your ads and local regulations where your ads appear. We reserve the right to terminate or suspend your account for any violation in accordance with these GrabAds Terms.
8.2. Content Specifications
Your ads must:
8.3 The Content Specifications apply to any and all ads which you make available through the GrabAds services. The Content Specifications must be complied with in spirit as well as to the letter, and apply to each part of any ad as well as to its whole.
Promo Messages
8.4 The use of promotional messaging must comply with the following requirements:
Keywords Utilization
8.5 Keywords are words or phrases that are used to match your ads with the terms people are searching for. Selecting high quality, relevant keywords for your advertising campaign can help you reach the customers you want, when you want.
8.6 When a Consumer searches for a term that matches your keyword, your ad enters an auction to determine if it will show. While Grab uses reasonable efforts to capture all possible variations and misspellings of a keyword you choose, Grab does not guarantee that all possible variations of a keyword are captured.
8.7 The cost for each keyword will be different depending on the keyword you choose, your competition in the auction, and other factors. Make sure your keywords and landing page are all closely related to the terms that a customer might be searching for, and will not cause confusion, deception or mistake as to the source or origin of your goods/services.
8.8 Higher quality ads and relevance to user searches typically lead to lower costs and better ad positions.
8.9 In the event that you choose to use the keyword search feature available on the Platform, and you select the ‘automatic’ keyword search strategy feature, you acknowledge and agree that Grab has the sole and absolute discretion to select and optimise keywords on your behalf. If you do not want Grab to select and optimise keywords on your behalf, please select the ‘manual’ keyword search strategy feature instead.
8.10 Representations and warranties
You acknowledge and agree that you are solely responsible for your ads content, campaign details and targeting decisions. This includes without limitation your choice of keywords as well as territorial scope and target audience of the pertinent campaign and ads. You shall indemnify us in the event where we incur any losses or damages pursuant to the same.
Without prejudice to the generality of the other provisions of this Agreement, you further represent and warrant that your ads as well as any related content do not infringe any third party rights including without limitation trademark rights. If Grab receives any complaint in respect of your ads content, campaign details and targeting decisions or otherwise deem that they or any part thereof are not compliant with the Content Specifications, we reserve the right to remove the same, suspend our services to you, and/or require that you modify the complained material. We may, but are not obliged to, review the ads as well as the related content or information submitted or amended by you from time to time.
If you believe that any content made available on our platform violates your intellectual property rights, please contact us with details provided via ‘Help Centre’ feature.
8.11 Marketing Manager Services
If you use the ads self-serve services under the Marketing Manager Services platform, you shall comply and be subject to the terms stipulated under the Marketing Manager Service Terms.
9. DEFINITION
All terms and definitions specified above, still have the same meaning, unless specifically regulated in the provisions of GrabKios which have the following meanings:
23. GRABGEO ADDITIONAL TERMS OF USE
23.1 These additional terms (“Geo T&Cs”) apply to your use of the Services and Content, defined below. By installing, accessing, or otherwise using the Services within your Application (defined below), you are agreeing to these Geo T&Cs with Grab (“Grab”, “we”, “us”, or “our”). You represent and warrant to us that you have the authority to accept this Geo T&Cs on behalf of yourself, a company, or another entity, as applicable (“you” or “Company”).
Definitions
23.2 “Application” means your software application, website, or product you create or a service you offer designed to provide access to the Services.
23.3 “Content” means any maps, images, geocodes, data, third-party content, or other content that Grab makes available to you via the Services.
23.4 “Services” means the GrabGeo Maps Platform that provides access to Content.
Grant of Licence
23.5 Grab grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access the Service. To the extent you choose to access the Service, you do so at your own initiative and agree to use the Service only as permitted by these Geo T&Cs and any applicable law, regulation, or additional policies, terms or guidelines Grab may make available.
23.6 Grab grants you a non-exclusive, non-assignable, non-transferable, revocable license to reproduce and display Grab’s logos in the Content in connection with your authorized use of the Services for the sole purpose of providing attribution to Grab. You must not change, obscure, remove, or resize any logo, trademark, copyright, or other notice of Grab or its suppliers or digital watermarks, if any, in the Content. You must display in a conspicuous manner within your Application any Grab or third party attribution provided by Grab.
23.7 You agree to comply with all applicable laws and regulations that apply to your use of the Service. You may use the Service, including any Content therein or portion thereof, only for personal, non-commercial purposes. Grab’s delivery of the Service, including any Content therein or portion thereof, does not transfer any commercial or promotional use rights to you, and does not constitute a grant or waiver of any rights.
23.8 You must provide a hypertext link to the Geo T&Cs either at the bottom of each page in your Application where the Services can be accessed or viewed or within the terms of use of your Application.
Limitations on Services
23.9 Grab reserves the right to change, suspend, remove, or disable access to the Service at any time without notice. In no event will Grab be liable for the removal of or disabling of access to the Service. Grab may also impose limits on the use of or access to the Service, in any case and without notice or liability.
23.10 You agree that Grab and its suppliers make no representations or guarantees and shall have no liability to you for the availability, accuracy, completeness, reliability, or timeliness of location data or any other Content displayed by the Service. You agree that location data is provided for basic navigational and planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that the results you receive from the Service may vary from actual road, terrain, cycling or pedestrian paths, or other conditions due to factors that can affect the accuracy of the Service and Content therein, such as, but not limited to, weather, road, traffic, path conditions, and geopolitical events.
23.11 When you use the Content and/or Service, you may find that actual conditions differ from the map results and content, so exercise your independent judgment and use the Content and/or Service at your own risk. You are responsible at all times for your conduct and its consequences.
Restrictions on Use
23.12 When using the Services, you may not:
23.12.1 remove, obscure or alter any copyright notices, trademarks, or any other proprietary rights or legal notices, documents or hyperlinks that may appear in or be provided through the Service;
23.12.2 use the Services in a way that could impair, harm, or damage Grab, any Grab service or application, or anyone’s use of the Services;
23.12.3 use the Services to disrupt, interfere with, or attempt to gain unauthorized access to services, servers, or networks connected to or that can be accessed via the Services;
23.12.4 use the Services in a way that violates applicable law;
23.12.5 mass download or create bulk feeds of the Content (or let anyone else do so);
23.12.6 manipulate ratings, reviews or any other Content via any means such as (i) through the use of a bot, script, or automated process, or (ii) by providing or accepting any kind of compensation or incentive;
23.12.7 reverse engineer, decompile, or disassemble the Services;
23.12.8 use the Content and/or Service to create or augment any other mapping-related dataset (including a mapping or navigation dataset, business listings database, mailing list, or telemarketing list) for use in a service that is a substitute for, or a substantially similar service to, the Service;
23.12.9 use the Services in any way that threatens the integrity, performance, or reliability of the Services or any Grab product or service, including performance or stress testing, or in any manner that works around any technical limitations in Services;
23.12.10 redistribute, resell, or sublicense access to any Grab service or Content;
23.12.11 copy, store, archive, or create a database of Content; and
23.12.12 Use Content that consists of points of interest data to generate sales leads.
Point of Interest Contributions
23.13 This section applies to Consumers’ and Partner’ submission of Point of Interest (“POI”) locations to the map in the relevant Application.
23.14 Submission requirements: When submitting a POI, you are required to provide POI content such as the name, address and category of the POI. You may also provide additional POI content such as images of the POI and relevant additional details (“POI Content”).
23.15 Prohibited content: You shall ensure that all POI Content submitted:
23.16 Acceptance, rejection or removal of POI: Grab may, at its sole discretion and at any time without notice to you:
23.17 Rewards: Grab may provide incentives or rewards for accepted POI Content submissions from time to time, as notified to you in the Application.
23.18 License: By submitting a POI:
23.19 Amendment or removal requests: You may submit requests to amend or remove POIs or POI content through the Application.Grab will assess on a case by case basis whether to accede to such requests at Grab’s sole discretion.
23.20 Satellite street view images: When submitting or viewing POIs in the Application, you may be able to view satellite street view images (“Satellite Images”). You acknowledge and agree that:
23.21. Grab’s Privacy Notice applies to use of the Service, and its terms are made a part of these Geo T&Cs by this reference. At all times your information will be treated in accordance with Grab’s Privacy Notice, which can be found at: https://www.grab.com/id/en/terms-policies/privacy-notice/.
Third PartySources
23.22 The Service may display, include, or make available Content from third parties (“Third Party Materials”) or provide links to certain third party websites. Grab makes no representation that the Service or Third Party Materials are appropriate, accurate or available for use in any particular location. To the extent you choose to use or access Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, regulations, terms, or other requirements. You are prohibited from republishing, retransmitting, reproducing or otherwise using any images accessed through the Service as a stand-alone file. By using the Service, you agree that Grab is not responsible for examining or evaluating the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Grab, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties.
23.23 The The Content and Service contain geographical data and information on places attributed to the following sources:
Disclaimers
23.24 The Services and all Content are provided “as is” without warranty of any kind by Grab or its suppliers. The Service, or any feature or part thereof, may vary by region and may not be available in all languages or in all countries and Grab makes no representation that the Service, or any feature or part thereof, is appropriate, accurate or available for use in any particular location.
23.25 To the maximum extent permitted by law, any and all representations, warranties, or conditions of any kind whatsoever (including, but not limited to, implied or statutory warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or satisfactory quality), all with regard to the Services and any Content, are expressly excluded by Grab and its suppliers. Grab and its suppliers make no warranty that the Services will operate properly as integrated with the Applications, that the Services will be uninterrupted, or that any Content will be accurate or complete.
23.26 YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE DATA PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Limitation of Liability
23.27 Neither Grab nor its suppliers shall be liable for any damages or losses arising from any use, misuse, reliance on, inability to use, interruption, suspension, or termination of the Service, including any interruptions due to system failures, network attacks or scheduled or unscheduled maintenance.
23.28 Neither party nor Grab’s suppliers will be liable for any indirect damages (including, without limitation, consequential, special or incidental damages, damages for loss of profits or revenues, corruption or loss of data, failure to transmit or receive any data, business interruption, or loss of business information), arising out of or related to the Services, Content, or these Geo T&Cs, even if advised of the possibility of such damages or if the possibility was reasonably foreseeable.
Indemnity
23.29 You agree to indemnify and hold Grab, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, contractors, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) arising out of your violation of these Geo T&Cs and/or use of the Service.
Updates
23.30 We may change, amend, or cancel these Geo T&Cs at any time. We will notify you of any changes as provided by the section on “Notices”. If you do not agree to the changes, then you must stop using the Services. Your use of the Services after the changes become effective means you agree to the new Geo T&Cs.
This section applies to GrabUnlimited subscription and benefits. You agree to these terms and conditions by maintaining a GrabUnlimited subscription and/or using the benefits.
Users who subscribe to GrabUnlimited will receive benefits such as vouchers monthly, depending on the applicable subscription plan. Vouchers will be available in the ‘My Rewards’ page in the Application. Unless otherwise stated, vouchers must be used in Indonesia by the stated expiry date, if any. Vouchers can only be redeemed when making purchases in the Application with your OVO Balance or Card.
Grab may vary the type, value, amount and redemption terms and conditions of the benefits as shown in the Application at any time.
Fees and Renewals
The GrabUnlimited subscription fee is stated in the Application. Grab may vary the subscription term and fees from time to time. GrabUnlimited Subscription fees are non-refundable.
If you subscribed for GrabUnlimited directly with Grab through the Application and are billed by Grab, the subscription fee will be deducted from your selected payment method on each billing date. Take note that your GrabUnlimited subscription will automatically renew unless you cancel it via the Application before the billing date. If the deduction or charge is unsuccessful, your subscription will be cancelled.
If you received a GrabUnlimited subscription from a third party, that subscription will terminate unless renewed by the third party. You may be required to pay a nominal fee to activate the subscription. You may receive a GrabUnlimited subscription from a third party even if you have already subscribed for GrabUnlimited yourself.
Grab may offer certain users trial or promotional GrabUnlimited subscriptions, which are subject to these terms and conditions unless otherwise stated in the promotion offer. Trial subscribers may choose not to continue with a fully paid GrabUnlimited subscription at the end of the trial period.
Business purchases
This section applies to purchases of GrabUnlimited subscriptions by businesses registered in Indonesia. If you are a Grab for Business client or are using the Grab for Business portal, these terms and conditions apply in addition to the Grab for Business terms and conditions.
You may submit an order for GrabUnlimited subscription plans through the channels notified by Grab (“GrabUnlimited Order”). Grab will invoice you following GrabUnlimited Order. You must make payment in accordance with the payment instructions and deadline stated in the invoice.
All GrabUnlimited Orders are final and cannot be cancelled by you. You are responsible for ensuring that the Order details are accurate, and where your recipients’ personal data (e.g. email address, phone number) is provided, you warrant that you have obtained their consent to do so for the issuance of GrabUnlimited subscriptions to them.
You must redeem the GrabUnlimited subscriptions within the redemption period stated in GrabUnlimited Order. GrabUnlimited subscriptions which have been activated by users cannot be withdrawn.
Termination
Grab may terminate the GrabUnlimited subscription plans at our discretion without notice. If that happens, Grab will refund the subscription fees on a pro-rated basis. However, Grab will not provide any refund for termination to conduct which we determine, at our discretion, violates these terms and conditions or any applicable law, involves fraud or misuse of the GrabUnlimited subscription, or is harmful to Grab or other users.
25.1. Definition
All terms and definitions defined above, still have the same meaning, unless specifically regulated in the provisions in the articles below:
“Admin Fee” is the fee charged by OVO to the users of Fund Transfer Feature, in this context is the Partner, for the implementation of Fund Transfer that OVO successfully processes based on the Funds Transfer Instruction received by OVO from the Partner. The Admin Fee will be deducted automatically, directly, and in real-time by OVO from the OVO Cash balance in the OVO Wallet of the Partner who makes the Fund Transfer (not from the Fund Transfer Amount).
“Funds” are the amount of funds intended to be transferred or transferred using the Funds Transfer Feature.
“Fund Transfer Feature” is a feature provided by OVO to initiate Fund Transfer in GrabKios Tile.
“Fraud” is an action related to the Fund Transfer or the Service Provision or any activity thereof which is an act of fraud, deception, manipulative, abusive, or suspicious financial transaction based on Law No. 8 of 2010 on the Prevention and Eradication of the Crime of Money Laundering, an action that is a violation of the applicable laws and regulations, or action that may harm any parties.
“GrabKios Tile” is an online platform managed by Kudo and located inside the application of the Partner known as ‘Grab Merchant App’, in which the Fund Transfer Feature is available to be used by the Partner for initiating Fund Transfer.
“Kudo Host” is a series of electronic devices and procedures operated, managed, controlled, and supervised by Kudo, such as, among others, back-end server, computer system, and electronic system, in the implementation of the Fund Transfer.
“OVO Host” is a series of electronic devices and procedures operated, managed, controlled, and supervised by OVO, such as, among others, a back-end server, computer system, and electronic system, in implementing the Fund Transfer.
“Fund Transfer Instruction” means the instruction from Partner as the user of the Fund Transfer Feature to OVO,to transfer and/or further forward an amount of Funds to the Destination Account. The Fund Transfer Instruction is created by the Partner using the Fund Transfer Feature available on the GrabKios Tile, and for the purposes of the Service Provision, Fund Transfer Instructions must be made by the Partner based on requests and information provided by the Consumer subject to the applicable laws and regulations and these Terms of Funds Transfer.
“Failure to Protect Personal Data and/or Confidential Information” or “Protection Failure” is the failure to protect Personal Data and/or Confidential Information that arises from the implementation of this Agreement or received by one Party from the other Party in the implementation of this Agreement, in terms of its confidentiality, integrity, and availability, including security breaches, whether intentional or unintentional, which leads to destruction, loss, alteration, disclosure, or unauthorized access to Personal Data and/or Confidential Information sent, stored or processed.
“Terms of Funds Transfer Service Provision” or shortened as “Terms of Funds Transfer” are the terms and conditions in these Terms of Service governing the Provision of Funds Transfer Services and the implementation of Funds Transfers and their derivatives.
“Consumer” is a party requesting the Service Provision through the Partner.
“Partner” is a party who cooperates with Kudo and/or its affiliates either directly or indirectly and are registered in the Grab system as merchant partners, which in this case:
“Fund Transfer Amount” is the nominal amount of Funds transferred based on the Fund Transfer Instruction.
“OVO” is PT Visionet Internasional, which is a party that cooperates with Kudo to provide Fund Transfer Features at GrabKios Tile.
“Fund Transfer Service Provision” or shortened as “Service Provision” is the provision of Fund Transfer services carried out through the Partner by utilizing the Fund Transfer Feature through the GrabKios Tile for the purpose of forwarding Funds in the amount determined by Consumers to Destination Accounts determined and informed by Consumers.
“Funds Recipient” means a party mentioned in the Fund Transfer Instruction as the owner of the Destination Account.
“Destination Accounts” means accounts designated to receive the Funds transferred using the Fund Transfer Feature.
“Fund Transfer” means a series of activities beginning with a Fund Transfer Instruction from the Partner to transfer an amount of Funds to the Destination Account specified in the Fund Transfer Instruction until the Funds are received in the intended Destination Account.
25.2. General Terms for Partner
25.2.1. Any Partner who meets the criteria for “Partner” set forth in Article 12.1 above can provide Service Provision.
25.2.2. Source of Funds: Source of funds for implementing Fund Transfers comes from the OVO Cash balance in Partner OVO Wallet linked to its/his/her GrabKios Tile.
25.2.3. Fund Transfer Amount Limits: The lowest and highest Fund Transfer Amount limits are determined by OVO based on OVO policies that are enforced and informed from time to time.
25.2.4. Limitation of Responsibility: Fund Transfers are carried out and processed by OVO based on Fund Transfer Instructions and all Fund Transfer Instructions are received by OVO as is, so that OVO cannot be held liable in any form, if there is an error in the Fund Transfer Instruction data caused by negligence or fault of Kudo, Partner, or the Consumer or any interruption or damage to Kudo Host or the GrabKios Tile.
25.2.5. Execution of Fund Transfer Instructions can result in a failed response or a successful response from OVO. A failed response indicates that the Funds Transfer Transaction failed to process so that the Funds Transfer Transaction does not occur, while a successful response indicates that the Funds Transfer Transaction is successfully carried out and processed in accordance with the Funds Transfer Instructions.
25.2.6. A failed response can occur for several reasons, including because Partner does not have sufficient balance to carry out Fund Transfers Transaction, errors in the Recipient Bank Account, has exceeded the determined limit of Funds Transfer Amount, or errors, interruptions, or damage to the OVO Host.
25.2.7. If a Fund Transfer Instruction has been successfully processed, then:
(1) the balance of Partner’s source of funds will be deducted according to the Fund Transfer Value in real time, automatically and immediately;
(2) The applicable Admin Fee will be deducted in real time, automatically, and directly from the balance of Partner’s source of funds; and
(3) OVO will provide a response on GrabKios Tile that the Fund Transfer Transaction is successful.
25.3. Fund Transfer Service Fee
25.3.1. Admin Fee: The amount of the Admin Fee charged by OVO to the Partner for each successful Fund Transfer implementation is IDR 2,500 (two thousand five hundred rupiah), including VAT.
25.3.2. OVO can change the Admin Fee at any time and will notify partners of these changes through the media specified by OVO.
25.4. Partner Responsibilities
25.4.1. Partners are obliged to provide information regarding the Provision of Services accurately, correctly, clearly, and not misleadingly to the public, especially Consumers.
25.4.2. Before conducting Funds Transfer through GrabKios Tile based on Consumers’ request, the Partner is obliged to:
25.4.2.1. ensure that the Partner’s Fund balance linked to his/her GrabKios Tile is sufficient to accommodate the execution of such Fund Transfer (sufficient to be deducted with the Admin Fee and Fund Transfer Value);
25.4.2.2. request the Consumer to inform the Destination Account and the amount to be transferred;
25.4.2.3. request confirmation from the Consumer that the Destination Account and the Funds Transfer Value to be transferred are correct and accurate;
25.4.2.4. input the Destination Account and the Fund Transfer Amount which is in accordance with the information confirmed by the Consumer to GrabKios Tile through the Fund Transfer Feature available on GrabKios Tile; and
25.4.2.5. request for reconfirmation from the Consumer to ensure that the information regarding the account number, bank name, and Destination Account displayed on the fund transfer page on GrabKios Tile is correct.
25.4.3. Partners are obliged to follow the interface journey, implementation instructions, and fund transfer procedures as set out by OVO and/or Kudo on the GrabKios Tile.
25.4.4. The Partner shall be obliged to provide true, accurate and non-misleading information to the Consumer regarding the status of the Funds Transfer (failed or successful) in accordance with the Funds Transfer status response sent by OVO on GrabKios Tile, including providing evidence of the failure or success of the Funds Transfer on GrabKios Tile.
25.4.5. Partners are obliged to maintain the security of the implementation of Service Provision and Funds Transfer to avoid risks that may occur in Service Provision and/or Funds Transfer, such as, among others, the risk of Fraud, Failure to Protect Personal Data or confidential information of Consumers or Recipients of Funds, and failure or error of Funds Transfer.
25.4.6. The Partner is obliged to carry out the Service Provision in good faith and comply with all provisions in these Funds Transfer Terms.
25.4.7. Payment
25.4.7.1. Every successful Funds Transfer executed by OVO based on a Funds Transfer Instruction, creates an obligation for the Consumer to make payment of the Funds Transfer Value to the Partner.
25.4.7.2. The Partner shall be obliged to request payment of the Funds Transfer Amount to the Consumer, if the Funds Transfer has been successfully processed and the Partner has received a successful response and evidence of successful Funds Transfer on its GrabKios Tile.
25.4.7.3. Partners are allowed to charge fund transfer fees to Consumers in accordance with the agreement between the Partner and the relevant Consumer, provided that the imposition of such fees is not carried out on behalf of OVO, Kudo, or any affiliate of OVO or Kudo and the imposition, collection and payment of such fees is carried out without violating applicable laws and regulations.
25.4.7.4. The terms of payment of the Fund Transfer Value and/or any fees charged by the Partner to the Consumer are based entirely on the agreement between the Partner and the relevant Consumer. Therefore, OVO or Kudo shall not be held liable for any consequences arising from any failure, error, omission or mistake in the implementation of any payment between the Partner and the Consumer. Regardless of the payment between the Partner and the Consumer, OVO reserves the right under any circumstances to execute any Funds Transfer Instruction received by the OVO Host and collect the Admin Fee directly.
25.4.7.5. The Partner shall not request payment from and collect any payment from the Consumer, if the Funds Transfer is declared failed based on the failed response from OVO.
25.4.7.6. The Partner shall be obliged to refund the funds paid by the Consumer for the payment of the Funds Transfer Value and any fees charged by the Partner to the Consumer from the execution of the Funds Transfer in full and at once, if the Funds Transfer is declared failed based on a failed response from OVO and the Consumer has already made payment in full.
25.4.7.7. The Partner is prohibited from requesting any payment to the Consumer or any party on behalf of OVO, Kudo, and/or any affiliate of OVO or Kudo, without prior approval from OVO or Kudo.
25.4.8. Prohibited Actions
25.4.8.1. Partners are prohibited from performing actions or facilitating/assisting the implementation of any actions that can be categorized as Fraud or violations of applicable laws and regulations, including but not limited to, money laundering, financing of terrorism activities, fraud, embezzlement, gambling, pornographic transactions, and others.
25.4.8.2. Partners are prohibited from taking any actions or facilitating/assisting the implementation of any actions that may be detrimental to OVO, Kudo, Consumers, Users, or the public in general.
25.4.8.3. Partners are prohibited from facilitating the payment of Funds Transfer Value with credit facilities or other payment methods that constitute non-cash payments, such as, among others, credit cards, payment vouchers or point rewards. For clarity, payment for Funds Transfer Value is only allowed to be made by cash payment methods, such as, cash, electronic money, and debit/ATM cards.
25.4.8.4. Partners are prohibited from acting on behalf of Kudo, OVO, and/or OVO/Kudo affiliates in performing actions that have never been authorized by Kudo or OVO to the Partner.
25.4.8.5. Partners are prohibited from providing misleading information about Kudo and/or OVO, especially in relation to Funds Transfer, to Consumers, Users, and/or the public.
25.4.8.6. The Partner is prohibited from subcontracting or assigning the performance of the Service Provision to any party without the prior written consent of OVO. The Partner is prohibited from transferring the Partner’s account and/or his/her account as a User (OVO service user) to any third party.
25.4.8.7. The Partner is prohibited from using the name, logo and brand of Kudo and/or OVO and/or Kudo and/or OVO affiliates (branding) for any purpose whatsoever, except for the purpose of public announcement of the Service Provision, which shall be in accordance with the standards and instructions for the use of branding prescribed by OVO from time to time and in its use of branding, the Partner is prohibited from providing misleading information regarding OVO, OVO affiliates or OVO services.
25.4.9. Data Protection
25.4.9.1. The Partner is prohibited from collecting, storing, using, analyzing, disclosing, transmitting, and/or disseminating Personal Data belonging to Consumers or Users, beyond the purpose of Service Provision and without the prior written consent of the relevant Consumers or Users. If the Partner performs any one or more of the actions mentioned in this provision, it shall be the sole responsibility of the Partner, and the Partner shall be obliged to release and discharge OVO and Kudo from any demands, suits, claims and/or damages arising from the performance of such actions.
25.4.9.2. Specifically for Service Provision, the Partner is allowed to request and obtain Personal Data from the Consumer only to the extent of information regarding the Destination Account that will receive the Fund Transfer and disclose it and send it only to OVO through the Fund Transfer Feature available on GrabKios Tile. In addition, Partners are allowed to request and obtain Personal Data in the form of Consumers’ phone numbers only for communication purposes in the implementation of mitigation and pre-services required in the event of disruptions, delays or errors in Service Delivery or Funds Transfer. For clarity, the request and acquisition of Personal Data as referred to in this provision must be approved by the Consumer who is the Data Subject of the Personal Data.
25.4.9.3. The Partner shall promptly delete and destroy Personal Data belonging to Consumers or Users that come under its control or authority due to the performance of Service Provision immediately after the performance of Service Provision, regardless of the success or failure of the Funds Transfer, or after the purpose for which such Personal Data is stored is no longer relevant to the purpose agreed by the relevant Consumer.
25.4.9.4. Any action related to Personal Data performed by the Partner shall be performed in accordance with the applicable laws and regulations regarding the protection of Personal Data, including but not limited to, Law No. 27 of 2022 on the Protection of Personal Data together with its implementing and derivative regulations and amendments. The Partner hereby agrees that OVO, Kudo, and/or any of their affiliates shall not be held liable in any form whatsoever for all consequences arising from the Partner’s actions in connection with its failure to perform its obligations in relation to the protection of Personal Data, and the Partner agrees to release, discharge and defend OVO, Kudo, and/or any of their affiliates, from any demands, suits, claims and/or damages arising from the Partner’s failure, negligence and/or misconduct in protecting Personal Data or complying with the laws and regulations regarding the protection of Personal Data.
25.4.9.5. Without prejudice to the provisions in Article 16 of these Terms of Service, the Partner hereby agrees and authorizes OVO to receive, store, provide, disclose and use data and information, including but not limited to Personal Data and/or other relevant data, for the purposes of Provision of Services to Grab, Kudo and/or their affiliates in accordance with the OVO Privacy Notice and OVO Terms and Conditions.
25.4.10. If an error or failure occurs in the Fund Transfer for any reason, the Partner is obliged to immediately contact OVO and/or Kudo’s official customer service or call center and obey and follow every instruction and direction given by OVO and/or official customer service or call center. The kudo is to handle and resolve errors or failures in Fund Transfers.
Last modified: June 27, 2023
Introduction
Please read this Guideline on inappropriate and sensitive online content (“Guideline”) carefully. By using our Service (as defined in our Terms of Service), in particular for GrabAds and GrabFood, you are deemed to have read, agreed and understood the terms and conditions in this Guideline which are applicable to you. If you do not agree to the terms and conditions of this Guideline, please do not use or continue using our Platform or Service. Where reviews are concerned, these Guidelines shall apply in addition to the Review Guidelines.
The following are illustrative and non-exhaustive examples of inappropriate content which are strictly prohibited when using our Platform or Service:
1. Obscene and Indecent Content
Content that is contrary to social and moral norms, common sense of decency and modesty. Such content includes, among others, nudity, sexually explicit images or messages, lewd, sexual activity and rape
2.Offensive and Menacing Content
Content that has the tendency to annoy, harass, abuse or threaten any party or is generally against the current standard of morally accepted behaviour. Such content includes, but is not limited to, inappropriate elements that (i) threaten national security or public order; (ii) are political in nature or includes criticism of the Government or rulers; (iii) promote undesirable traits such as supporting or expressing sympathy or support to terrorist acts or organisations; (iv) disregards the sensitivity of the community and social norms of the country in which the content is exhibited; or (v) depicts criminal and immoral activity
3.Violent Content
Content that promotes violence, be it physical, verbal and psychological that induces fear or imitation. Such content includes advertisement of products such as weapons or contains visuals like blood and injuries.
4. False Content
Content that is fake or contains a significant degree of inaccuracies or false or incomplete or misleading information. These include sales of replica products such as replica antiques, products that do not have the required approval or license from the relevant government agencies, ‘miracle’ products that promise for instance, great health.
Further, any claims made in an advertisement should stand against objective substantiation. Hence, obvious untruths, exaggerations or content that is likely to mislead will be considered inappropriate.
5. Content with Bad Language
Content with offensive, inappropriate, profane or crude language. Such content includes inappropriate naming of a product or food item or unsavoury description of a product.
6. Religious Content
Content that refers to a particular religion or contains the image of a religious personality whether past or current or which quotes religious texts to bolster the sale of a product. This category shall include advertisement of religious products.
7. Content with Children
Content which is aimed at young children or depicts visuals of children must be handled with more care and sensitivity as they are easily influenced, impressionable and less matured/developed in thinking. Such content includes depictions of a child engaging in a dangerous activity, displaying a child in a degrading manner or exploitation of children.
8. Content with Illegal / Prohibited Products
The following products are generally prohibited from being advertised or are otherwise considered inappropriate:
9. Non Denigration or Disparaging Content
The content of an advertisement should not have the aim of attacking or discrediting its competitors. While comparison is good to promote vigorous competitions, it should be based on the principle of fair competition instead of outright mockery, ridicule or attack.
10. Use of People in Advertisement
Content where there is the use of women and children (see Paragraph 7 above) should be handled with more care. Advertisements should not portray women as an object of sex or in an exploitative manner. People with disabilities should be portrayed in a positive light and racial profiling and discrimination must be avoided.
11. Satirical Content
An advertisement can be funny and satirical. However, extra care must be taken. It is advisable to avoid having well known public/political figures as the center of the joke. The list of such people includes government leaders, politicians, religious and community leaders, activists and competitor’s business leaders.
12. Unauthorized Use of Brands
Content that uses other parties’ registered trademarks without appropriate approval.
13. Abuse of “Halal” Content
False content that reflects the product they are offering is Halal to attract consumers.
Grab reserve the right to add, amend or remove this Guideline at any time, without the need for prior notice. If you do not agree to any of the changes, you must stop using our Platform and Services. Please note that your continued use of our Platform and Services will mean that you have agreed and consented to any changes to this Guideline.