Last modified: 23 September 2024
Important – please read these terms carefully. These terms apply to both Users (as defined below) who have opted to use the PayLater Services (as defined below) and Third Party Providers (as defined below) who are offering PayLater Postpaid service and/or PayLater Instalment service.
By using the PayLater Services, you (either as User or Third Party Provider, where applicable) agree that you have read, understood, accepted and agreed with the terms of use as stated herein (collectively, the “PayLater Terms” or the “Agreement“). The PayLater Terms stated herein constitute a legal agreement between you and GFin Services (M) Sdn. Bhd (“Company“). The Company is an affiliate of GrabTaxi Holdings Pte. Ltd., a technology group company that among others, facilitates participating Third Party Providers and Users in their respective provision and use of the PayLater Services (the Company, GrabTaxi Holdings Pte. Ltd., and their subsidiaries, affiliates, associated companies and jointly controlled entities shall collectively be referred to as “Grab”). Notwithstanding the above, the PayLater Services may be carried out by any of the Company’s affiliates(s) which shall be solely responsible to ensure that the obligations are carried out in accordance with this Agreement.
By using the Grab mobile application supplied to you by Grab (the “Application”) or any other relevant platform or electronic communication (collectively, the “Grab Platform“), and downloading, installing or using any associated software supplied by Grab (the “Software”) for the purpose of offering or using the PayLater Postpaid service or PayLater Instalment service (the “PayLater Postpaid service” or “PayLater Instalment service” and generally, the “PayLater Services”), you hereby expressly acknowledge and agree to be bound by these PayLater Terms, and any future amendments and additions to these PayLater Terms as published from time to time at https://www.grab.com/my/or through the Grab Platform.
Your continued use of the PayLater Services, whether or not reviewed by you, shall constitute your consent to and acceptance of the PayLater Terms. You further agree to the representations made by yourself below. If you do not agree to these PayLater Terms, please do not proceed to use the PayLater Services. If you have commenced the use of PayLater Services, you may notify the Company of your intention to discontinue the use of PayLater Services in accordance with Clause 10.
For the purpose of these PayLater Terms, wherever the context so requires:
Consumer advisory – Consumers (Users) are advised to read the terms and conditions (i.e. these Terms of Use) carefully. The PayLater Services do not constitute a loan, credit, cash advance, credit card or charge card facility provided to you by the Company and/or its affiliates.
1. User PayLater Account
1.1 As a User, by using the PayLater Services, you agree and acknowledge that:
(a) you are at least 21 years of age;
(b) you have the legal capacity and are capable of entering into a legally binding contract;
(c) you will provide the true, accurate, current and complete information about yourself in timely manner as requested by the Company from time to time and to notify the Company of any changes;
(d) you are an authorised holder of eligible credit card(s), debit card(s), or any other payment methods that you have added in the Grab Platform (each a “Funding Source”) which will be used to, among other, make payment of any PayLater transactions;
(e) you will only hold one PayLater account. Your PayLater account is strictly personal to you and you cannot be assigned, transferred or sold to any other parties; and
(f) you will be responsible for the safety and security of your PayLater account. In the event of unauthorised access to your PayLater account, you will notify the Company immediately, failing which, you will be liable for all purchases or transactions made using your Account.
1.2 As a User, you authorise the Company or its affiliates to conduct checks (including credit checks), validations and risk assessments, and to make, either directly or through third parties (including credit reporting agencies or credit bureau), any inquiries necessary to verify your identity, to assess your capability to make payments under the PayLater Services, and as required by any applicable laws, regulations, and industry code of conduct or standards. You further agree and authorise the Company to share such information with Third Party Providers, the Company’s affiliates and/or any other third party as may be relevant or necessary for the provision of the PayLater Services.
1.3 As a User, you further agree and acknowledge that:
(a) the Company has the sole discretion to determine your eligibility for PayLater Services, or revoke such eligibility, based on its internal risk assessments as well as requirements under any applicable laws, regulations, and industry code of conduct or standards;
(b) notwithstanding your fulfilment of the criteria or eligibility and your provision of information as set out in this Clause 1, the Company reserves the right, and at its own discretion, to (i) refuse you from opening a PayLater account; (ii) suspend, revoke or terminate your PayLater account; (iii) adjust your PayLater limit; (iv) cancel or adjust any of your transaction made using PayLater or any payment in respect of such transaction; or (v) such other measure that the Company deems necessary, based on its review or assessments from time to time; and
(c) the Company further reserves the right from time to time, to impose restrictions and/or further conditions to your access to and use of the PayLater Service, including to set a minimum spend requirement to use the PayLater Service (if applicable).the
2. PayLater Postpaid
2.1 Use of PayLater Postpaid
2.1.1 If you are a Third Party Provider, you shall offer PayLater Postpaid service in respect of any payment transaction between you and the User in respect of the goods and/or services you provide. In this respect, you agree:
(a) to offer the User deferred payment terms such that the User shall only be obliged to pay you, on an interest-free basis, the payment in respect of the payment transaction (including tips, where applicable) as a single deferred payment by the date falling on the 7th day of the subsequent month after the month of the payment transaction (the “PayLater Postpaid Payment Deadline”);
(b) to sell and assign all payments due to you for your provision of goods and/or services to the User, including tips (where applicable) pursuant to the Receivables Purchase Agreement, agreed between you and such party pursuant to which you will receive payment in exchange for your assignment of the receivables;
(c) that you acknowledge and confirm that GPNM and/or any other affiliate as the Company may approve, shall administer and act as your collection agent to pay to you the total amount due to you in accordance with the Receivables Purchase Agreement and as your disbursement agent to disburse any amount owed by you in accordance with the Receivables Purchase Agreement to the User or Assignee of the receivables; and
(d) that the Company may, by itself or through its affiliate, facilitate any such payment to you by the User whether through the Grab Platform or otherwise (including by way of provision of the User’s name and contact information to you).
2.1.2 If you are a User, you may, where available, select the PayLater Postpaid service within the Grab Platform in respect of any payment transaction concluded in the Grab Platform between you and any Third Party Provider.
2.1.3 If you are a User, you agree that the Company reserves the right to impose such limits, restrictions and/or further conditions to your access to and use of the PayLater Postpaid service, including setting a minimum spend requirement in order to use the PayLater Postpaid service, if applicable. In the event that you choose to pay for your goods and/or services on a deferred basis via PayLater Postpaid, you agree that:
(a) the Third Party Provider will offer to you deferred payment terms such that you shall only be obliged to pay the Third Party Provider, on an interest free basis, the payment in respect of the payment transaction (including tips, where applicable) by the PayLater Postpaid Payment Deadline;
(b) you agree that the Third Party Provider may sell and assign such receivables due from you to the Assignee. You will be notified upon such assignment whereupon you shall be required to pay such Assignee the receivables under the same payment terms made available to you by the Third Party Provider under PayLater Services;
(c) you agree that the Company may provide your personal information, including but not limited to your name and contact information, to the Third Party Provider or the Assignee to facilitate payment by you to the Third Party Provider or the Assignee; and
(d) you agree that if you fail to make eventual payment under the PayLater Postpaid service (whether to the Third Party Provider or the Assignee) by the PayLater Postpaid Payment Deadline, the Third Party Provider or the Assignee and/or any person acting on their behalf (including the Company) may take such steps as are necessary to enforce payment by you.
2.1.4 The Company reserves the right to suspend, or later reverse, the processing of any payment transaction where it reasonably believes that the payment transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you, either as User or Third Party Provider, to be in breach of these PayLater Terms. In such event, you agree that you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to or by you.
2.2 Payment Process for PayLater Postpaid
2.2.1 The Company, on behalf of the Third Party Provider and/or the Assignee, shall issue to the User an aggregated payment statement or bill before each PayLater Postpaid Payment Deadline(s) (the “PayLater Postpaid Bill(s)“).
2.2.2 The main mode of payment for the PayLater Postpaid Bill(s) and/or any related fees shall be via GrabPay Credits (as defined in the GrabPay Terms of Use). The User’s credit card(s), debit card(s) or, if applicable, any such payment methods that the User has added in the Grab Platform (each a “Funding Source“) will be linked to the User’s PayLater account. If the User has not added any Funding Source in the Grab Platform, the User will be required to add one in order for the User to use the PayLater Services. The Funding Source will be used to purchase GrabPay Credits in order to make payments towards the PayLater Postpaid Bill(s) and/or any related fees. The terms set out in the GrabPay Terms of Use shall apply.
2.2.3 If applicable, Users may choose any other mode of payment made available to them by the Company on the Grab Platform to make payments towards the PayLater Postpaid Bill(s) and/or any related fees.
2.2.4 There shall be no charges levied by the Third Party Provider or the Company on the usage of the PayLater Postpaid other than as agreed with the User in writing or as set out in these PayLater Terms.
2.2.5 Auto-Deduction and Auto-Top Up features:
(a) Auto-Deduction: User hereby agree to enable GPNM to make an automatic deduction of all monies owed to the Third Party Provider or the Assignee and/or any person acting on their behalf (including the Company) under the PayLater Postpaid Bill(s) from the User’s GrabPay Credits on the PayLater Postpaid Payment Deadlines, without further consent from the User. The User may set a preferred Funding Source in the Grab Platform which will be the default payment method that GPNM will use to make automatic deductions from.
(b) Auto Top-Up, Auto-Deduct feature: If the User’s GrabPay Credits are insufficient for the purposes of discharging PayLater Postpaid Bill(s) by the PayLater Postpaid Payment Deadlines, User hereby agree to enable GPNM to automatically purchase sufficient GrabPay Credits on behalf of the User from the User’s preferred Funding Sources for the sole purpose of making auto-deductions and payments of any PayLater Postpaid Bill(s) and/or any related fees.
2.2.6 For the avoidance of doubt, in the event GPNM is unable to make automatic deduction of all monies owed by the User under the PayLater Postpaid Bill(s) on the PayLater Postpaid Payment Deadlines for whatever reason, GPNM is irrevocably authorized to continue to make auto deduction as at Clause 2.2.5(a) or auto top-up and auto deduction as at Clause 2.2.5(b) using the User’s preferred Funding Source, or if this fails, any other User’s Funding Source in the Grab Platform, until full payment is received.
2.2.7 In the event that a User has reached, or if the purchase of GrabPay Credits for payment of PayLater Postpaid Bill(s) and/or any related fees will cause the User to reach, their total value of consumer payment transaction using the GrabPay Wallet in a calendar year (as set out in the GrabPay Terms of Use), the User hereby agree and authorise GPNM and/or other affiliate as the Company may approve to deduct directly from the User’s Funding Source such amount sufficient for the purpose of discharging the User’s PayLater Postpaid Bill(s) and/or any related fees.
2.2.8 As agreed in these PayLater Terms, if full payment is not made (whether directly by the User or via the auto-top up and auto-deduct feature or if the direct deduction as set out above fails) for the PayLater Postpaid Bill(s) (whether to the Third Party Provider or the Assignee) by the PayLater Postpaid Payment Deadline(s), the Third Party Provider or the Assignee and/or any person acting on their behalf (including the Company and/or its affiliates) may take such steps as are necessary to enforce payment by the User, including the suspension of the User’s access to and use of the Grab Platform and/or the PayLater Services.
2.2.9 In the event of suspension, an Admin Fee of RM 10 will be levied on the User to re-activate the User’s access to and use of the Grab Platform and/or the PayLater Services.
2.3 Refund Process for PayLater Postpaid
Refunds on goods and/or services after User has paid PayLater Postpaid Bill: In the event where you, as a User, is due a full or partial refund for the goods and/or services purchased from a Third Party Provider using the PayLater Services, but has made payment of the PayLater Postpaid Bill for which such goods and/or services fall under, you hereby acknowledge and agree that:
(a) such Third Party Provider may pay GPNM and/or any other affiliate as the Company may approve, acting in its capacity as a disbursement agent of the Third Party Provider, such refund amount due to you;
(b) the Company’s affiliate, GPNM and/or any other affiliate as the Company may approve may apply such refund amount on your behalf to make payment of any PayLater Postpaid Bill(s) and/or any related fees which is outstanding or make payment of any of your future transactions made using the PayLater Postpaid service. Any refund amount not applied to any PayLater Postpaid Bill(s) and/or any related fees will be remitted to you as GrabPay Credits and/or refunded to your Funding Source, if direct deduction as at Clause 2.2.7 has occurred, provided that such refund shall be applied first to GrabPay Credits; and
(c) in the event that you, as a User, terminates this Agreement in accordance with Clause 10.1, any refund amount not applied to any PayLater Postpaid Bill(s) will be remitted to you as GrabPay Credits and/or refunded to your Funding Source, if direct deduction as at Clause 2.2.7 has occurred.
3. PayLater Instalments
3.1 Use of PayLater Instalments
3.1.1 If you are a Third Party Provider, you shall, pursuant to the Receivables Purchase Agreement, offer PayLater Instalment service in respect of any payment transaction between you and the User in respect of the goods and/or services you provide. In this respect, you agree:
(a) to offer the User deferred payment terms such that the User shall only be obliged to pay you, on an interest-free basis, the payment in respect of the payment transaction (including tips, where applicable) by way of: equal monthly instalment payments, in the frequency as notified to you and User through the Grab Platform, where:
(i) the first instalment payment is payable on the date falling one month from the date of the payment transaction and the remaining instalments being due on the date falling in the subsequent months from the date of the payment transaction respectively; or
(ii) the first instalment payment is payable at the time of purchase and the remaining instalments being due on the date falling in the subsequent months from the date of the payment transaction respectively; or
(iii) the instalment payments are payable in accordance with the instalment plan(s) as notified to you and the User through the Grab Platform,
provided that whether the deferred payment terms in this Clause 3.1.1(a)(i), (ii), or (iii) will be offered to the User, will be agreed with the Company from time to time, collectively, the “PayLater Instalment Payment Deadlines”);
(b) to sell and assign all payments (except the first instalment payment referred to in Clause 1.1(a)(ii) above) due to you for your provision of goods and/or services to the User, including tips (where applicable), pursuant to the Receivables Purchase Agreement agreed between you and such party under which you will receive payment in exchange for your assignment of the receivables;
(c) that you acknowledge and confirm that GPNM and/or any other affiliate as the Company may approve, shall administer and act as your collection agent to pay to you the total amount due to you in accordance with the Receivables Purchase Agreement and (where the first instalment payment is payable on the date of purchase of the relevant product by the User) to collect and pay to you the first instalment payment (less any applicable Third Party Fee in respect of that first instalment payment or any other first instalment payment which is due or remains outstanding) and as your disbursement agent to disburse any amount owed by you in accordance with the Receivables Purchase Agreement to the User or the Assignee of the receivables;
(d) that the Company and/or its affiliates may facilitate any such payment to you by the User whether through the Grab Platform or otherwise (including by way of provision of the User’s name and contact information to you); and
(e) that where the first instalment payment is payable at the time of purchase, a Third Party Fee shall be due and payable from you to GPNM and/or any other affiliate as the Company may approve, on the date that such first instalment is paid.
3.1.2 If you are a User, you may, where available, select the PayLater Instalment service within the Grab Platform in respect of any payment transaction concluded in the Grab Platform between you and any Third Party Provider.
3.1.3 If you are a User, you agree that the Company reserves the right to impose such limits, restrictions and/or further conditions to your access to and use of the PayLater Instalment service, including setting a minimum spend requirement
in order to use the PayLater Instalment service, if applicable. In the event that you choose to pay for your goods and/or services on a deferred basis via PayLater Instalment, you agree that:
(a) the Third Party Provider will offer to you deferred payment terms such that you shall only be obliged to pay the Third Party Provider on an interest-free basis the payments in respect of a payment transaction (including tips, where applicable), by way of equal periodic instalment payments due to be paid by the PayLater Instalment Payment Deadlines, and if applicable, the first instalment payment due to be paid by the time of purchase;
(b) you agree that the Third Party Provider may sell and assign such receivables due from you to the Assignee. You will be notified upon such assignment whereupon you shall be required to pay the Assignee the receivables under the same payment terms made available to you by the Third Party Provider under PayLater Instalment;
(c) you agree that the Company may provide your personal information, including but not limited to your name and contact information, to the Third Party Provider or the Assignee to facilitate payment by you to the Third Party Provider or the Assignee; and
(d) you agree that if you fail to make eventual payment under the PayLater Instalment service (whether to the Third Party Provider or the Assignee) by the PayLater Instalment Payment Deadlines, the Third Party Provider or the Assignee and/or any person acting on their behalf (including the Company) may take such steps as are necessary to enforce payment by you.
3.1.4 If you are a User, you agree that, if applicable, you may be charged a Processing Fee for the provision of the PayLater Instalment. The Processing Fee shall be equivalent to a prescribed rate on the total amount of the purchase transaction. The prescribed rate may differ based on factors such as, the tenure of the PayLater Instalment, the Company’s assessment on the Third Party Provider and/or User, or any agreement with the Third Party Provider, but such applicable prescribed rate Processing Fee will be notified to you through the Grab Platform prior to confirmation of purchase transaction between you and the relevant Third Party Provider. The Processing Fee shall be chargeable on an instalment basis throughout your chosen tenure for your PayLater Instalment service and shall be payable for every instalment regardless of early, on time, or late payment of the PayLater Instalment Bill(s) (as defined below) by you. The Company and/or its affiliates reserve the right to revise the Processing Fee from time to time, which will be notified to you via the Grab Platform.
3.1.5 The Company reserves the right to suspend, or later reverse, the processing of any payment transaction where it reasonably believes that the payment transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you, either as User or Third Party Provider, to be in breach of these PayLater Terms. In such event, you agree that you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to or by you.
3.2 Payment Process for PayLater Instalments
3.2.1 The Company, on behalf of the Third Party Provider and/or the Assignee, shall issue to the User an aggregated payment statement or bill before each PayLater Instalment Payment Deadlines, which shall include the Processing Fee, if applicable (“PayLater Instalment Bill(s)“).
3.2.2 The main mode of payment for the PayLater Instalment Bill(s) and any first instalment payment payable at the time of purchase (if applicable) and/or any related fees including the Processing Fee shall be via GrabPay Credits (as defined in the GrabPay Terms of Use). User’s Funding Source on the Grab Platform will be linked to the User’s PayLater account. If the User has not added any Funding Source in the Grab Platform, the User will be required to add one in order for the User to use the PayLater Services. The Funding Source will be used to purchase GrabPay Credits in order to make payments towards the PayLater Instalment Bill(s) any first instalment payment payable at the time of purchase (if applicable), and/or any related fees including the Processing Fee. The terms set out in the GrabPay Terms of Use shall apply.
3.2.3 If applicable, Users may choose any other mode of payment made available to them by the Company on the Grab Platform to make payments towards the PayLater Instalment Bill(s), any first instalment payment payable at the time of purchase, (if applicable), and/or any related fees including the Processing Fee.
3.2.4 There shall be no charges levied by the Third Party Provider or the Company on the usage of the PayLater Services other than as agreed with the User in writing or as set out in these PayLater Terms.
3.2.5 Auto-Deduction and Auto-Top Up features:
(a) Auto-Deduction: User hereby agree to enable GPNM to make an automatic deduction of all monies owed to the Third Party Provider or the Assignee and/or any person acting on their behalf (including the Company) under the PayLater Instalment Bill(s) from the User’s GrabPay Credits on the PayLater Instalment Payment Deadlines, without further consent from the User. The User may set a preferred Funding Source which will be the default payment method that GPNM will use to make automatic deductions from.
(b) Auto Top-Up, Auto-Deduct feature: If the User’s GrabPay Credits are insufficient for the purposes of discharging the PayLater Instalment Bill(s) by the PayLater Instalment Payment Deadlines, User hereby agree to enable GPNM to automatically purchase sufficient GrabPay Credits on behalf of the User from the User’s preferred Funding Sources for the sole purpose of making auto-deductions and payments of any PayLater Instalment Bill(s).
3.2.6 For the avoidance of doubt, in the event GPNM is unable to make automatic deduction of all monies owed by the User under the PayLater Instalment Bill(s) on the PayLater Instalment Payment Deadlines for whatever reason, GPNM is irrevocably authorized to continue to make auto deduction as at Clause 2.5(a) or auto top-up and auto deduction as at Clause 3.2.5(b) using the User’s preferred Funding Source, or if this fails, any other User’s Funding Source in the Grab Platform, until full payment is received.
3.2.7 In the event that a User has reached or if the purchase of GrabPay Credits for any payment of the PayLater Instalment Bill(s) and/or any related fees will cause the User to reach their total value of consumer payment transaction using the GrabPay Wallet in a calendar year (as set out in the GrabPay Terms of Use), the User hereby agree and authorise GPNM and/or other affiliate as the Company may approve to deduct directly from the User’s Funding Source such amount sufficient for the purpose of discharging the User’s PayLater Instalment Bill(s) and/or any related fees (including Processing Fee).
3.2.8 As agreed in these PayLater Terms, if full payment is not made (whether directly by the User or via the auto top-up and auto-deduct feature or if the direct deduction as set out above fails) for the PayLater Instalment Bill(s) (whether to the Third Party Provider or the Assignee) by the PayLater Instalment Payment Deadlines, the Third Party Provider or the Assignee and/or any person acting on their behalf (including the Company) may take such steps as are necessary to enforce payment by the User, including the suspension of the User’s access to and use of the Grab Platform and/or the PayLater Services.
3.2. 9 In the event of suspension, the User agrees that an Admin Fee of RM10 for each missed payment of the PayLater Instalment Bill(s) that has not been fully paid (whether directly by the User or via the Auto-Deduct feature or if the direct deduction as set out above fails) will be imposed on the User in order, to re-activate the User’s suspended access to and use of the Grab Platform and/or the PayLater Services and/or the PayLater Instalment service (as applicable) within the Grab Platform.
3.3 Refund Process for PayLater Instalments
3.3.1 Refunds on goods and/or services after User has paid PayLater Instalment Bill: In the event where a User is due a full or partial refund for the goods and/or services purchased from a Third Party Provider using the PayLater Services, but has made payment of the PayLater Instalment Bill(s) for which such goods and/or services fall under, you hereby acknowledge and agree that:
(a) such Third Party Provider may pay GPNM and/or any other affiliate as the Company may approve, acting in its capacity as a disbursement agent of the Third Party Provider, such refund amount due to you;
(b) save as set out in Clause 2.3.2 below, GPNM and/or any other affiliate as the Company may approve will apply such refund amount on your behalf to make payment of any PayLater Instalment Bill(s) and/or any related fees which is outstanding or make payment of any of your future transactions made using the PayLater Instalment service. Any refund amount not applied to any PayLater Instalment Bill(s) and/or any related fees will be remitted to you as GrabPay Credits and/or refunded to your Funding Source, if direct deduction as at Clause 3.2.7 has occurred, provided that refund shall be applied first to GrabPay Credits; and
(c) in the event that a User terminates this Agreement in accordance with Clause 10.1, any refund amount not applied to any PayLater Instalment Bill(s) will be remitted to you as GrabPay Credits and/or refunded to your Funding Source, if direct deduction as at Clause 3.2.7 has occurred.
3.3.2 In the event Processing Fee is applicable, the refund amount shall be applied as follows:
(a) where the refund amount is issued before the next PayLater Instalment Payment Deadline(s), such refund amount will be applied on your next unpaid PayLater Instalment Bill(s). The Processing Fee for each unpaid PayLater Instalment Bill(s) will be prorated according to the respective PayLater Instalment Bill(s) as adjusted by the refund amount;
(b) in the event you have due and/or overdue PayLater Instalment Bill(s) when the refund is issued, such refund amount will be applied in this priority: (i) first, if applicable, on the Admin Fee payable on the overdue PayLater Instalment Bill(s); (ii) second, on the Processing Fee payable on the due and/or overdue PayLater Instalment Bill(s); and (iii) lastly, any remaining refund amount will be applied to the remaining outstanding PayLater Instalment Bill(s) if any, and shall follow the methodology in (a) above;
(c) where the refund amount is issued after you have paid all of your PayLater Instalment Bill(s), such refund amount will be applied on the principal amount of the said PayLater Instalment Bill(s) only (excluding Processing Fee);
(d) where there is any remaining outstanding PayLater Instalment Bill(s) and Processing Fee after the refund amount has been applied, you are required to make payment of these PayLater Instalment Bill(s) and Processing Fees in accordance with their respective PayLater Instalment Payment Deadline(s);
(e) any Processing Fee which has been paid prior to issuance of the refund amount will not be applied or remitted back to the User; and
(f) any remaining refund amount not applied to PayLater Instalment Bill(s) as set out above will be remitted to you as GrabPay Credits and/or refunded to your Funding Source, if direct deduction as at Clause 3.2.7 has occurred, provided that refund shall be applied first to GrabPay Credits.
4. Representations, Warranties and Undertakings
4.1 By using the PayLater Services, you expressly represent, warrant and undertake that:
(a) you possess the legal capacity, right and ability to enter into these PayLater Terms and are legally entitled to accept, agree to, and comply with these PayLater Terms;
(b) all the information which you provide shall be true and accurate;
(c) when using the PayLater Services, you shall comply with all applicable laws whether in Malaysia or otherwise in the country, state and city in which you are present while using the PayLater Services;
(d) you may only access the PayLater Services using authorized means. It is your responsibility to check and ensure that you are utilizing the correct PayLater Services;
(e) you will only use the PayLater Services for lawful purposes;
(f) you will only use the PayLater Services for the purpose for which it is intended to be used;
(g) you will not use the Grab Platform or the PayLater Services for sending or storing any unlawful material or for fraudulent purposes;
(h) you will not use the Grab Platform and/or the PayLater Services to cause nuisance, annoyance, or inconvenience;
(i) you will not try to harm the PayLater Services and/or the Grab Platform in any way whatsoever;
(j) you agree to notify the Company immediately of any unauthorized use of your PayLater account or any other breach of security;
(k) you will provide the Company with proof of identity as it may reasonably request or require;
(l) you agree to provide accurate, current and complete information as required for the PayLater Services and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the PayLater Services at any time with or without notice;
(m) you shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the PayLater Services by new or existing consumers;
(n) you agree that the PayLater Services are provided on a reasonable effort basis;
(o) you shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Grab Platform, or any other consumer of the Company, including without limitation any user account not owned by you, to its source, or exploit the Grab Platform, or any service or information made available or offered by or through the Grab Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Grab Platform;
(p) you are strictly forbidden to use the PayLater Services for other purposes such as but not limited to data mining of the Company’s information or information related to the Grab Platform and/or the PayLater Services. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and the Company 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 PayLater Services other than for the purpose for which it is intended to be used;
(q) you agree that your use of the PayLater Services will be subject to Grab’s Privacy Notice; and
(r) you agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any other party as a result of your breach of this Agreement.
4.2 If you are a Third Party Provider, you further represent, warrant and undertake that:
(a) if applicable, you have all the appropriate licenses, approvals and authority to provide the goods and/or services to the Users in which you are offering PayLater Services as a service in accordance with these PayLater Terms;
(b) you shall be solely responsible for any and all claims, judgments and liabilities resulting from any loss or damage which is due to or is alleged to be a result of the goods and/or services provided by you to the User;
(c) you shall obey all laws related to the operation of your business and/or sale of your goods and/or services and will be solely responsible for any violations of such laws;
(d) you shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Grab Platform, or any other consumer of the Company, including without limitation any user account not owned by you, to its source, or exploit the Grab Platform, or any service or information made available or offered by or through the Grab Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Grab Platform;
(e) if you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement; and
(f) you are strictly forbidden to use the PayLater Services for other purposes such as but not limited to data mining of the Company’s information or information related to the Grab Platform and/or the PayLater Services. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and the Company 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 PayLater Postpaid service other than for the purpose for which it is intended to be used.
4.3 If you are a User, you further represent, warrant and undertake that:
(a) your use of the PayLater Services is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor; and;
(b) you shall not to authorize others to use your identity or User status, and you may not assign or otherwise transfer your PayLater account or PayLater Postpaid Bill(s) or PayLater Instalment Bill(s) (whichever applicable) to any other person or entity; and
(c) you agree that the Third Party Provider is solely responsible for any and all claims, judgments and liabilities resulting from any loss or damage which is due to or is alleged to be a result of the goods and/or services provided by the Third Party Provider to you.
5. Taxes
5.1 You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.
5.2 You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the PayLater Services under this Agreement.
6. Data Privacy & Personal Data Protection Policy
6.1 All Personal Data that you provide to the Company shall be collected, used, disclosed and/or processed in accordance with Grab’s Privacy Notice.
6.2 For the avoidance of doubt and without prejudice to the generality of the Privacy Notice, your Personal Data may be used for the purposes of fulfilment of our rights and your obligations under these PayLater Terms, which include (but are not limited to):
(a) to provide you with any services pursuant to the PayLater Terms herein, including to process, manage or verify your application and/or process or validate any payments, refunds, rebates and/or charges;
(b) to develop, enhance and provide what is required pursuant to the PayLater Terms to meet your needs;
(c) to conduct due diligence checks, anti money laundering / terrorism financing assessments, and risk analysis, credit assessment or evaluation with credit bureaus, alternative credit scoring agencies or other credit reporting organisations (“CROs”) and suitability assessments for PayLater Services or for any other similar financial products that you may be eligible for or request from the Company and its subsidiaries, affiliates, associated companies and jointly controlled entities (collectively, “Grab Group”);
(d) carrying out necessary collection activities to collect outstanding sums from you (including any disclosure to third-party debt collectors);
(e) if applicable, carrying out credit checks and retrieving credit information from CROs to process your assessments for PayLater Services or any other similar financial products that you may be eligible for or request from Grab Group; and
(f) in accordance with any applicable laws and its Privacy Notice permitting the use, collection, disclosure and processing of Personal Data.
6.3 You further acknowledge and agree that the Company may, if applicable, disclose your conduct on your use of the PayLater Services with CROs that it partners with, who may in turn share such information with subscribers of their service.
6.4 “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to Grab Group by any means and/or any information about you that has been or may be collected, stored, used and processed by Grab Group.
7. Third Party Interactions
7.1 During use of the PayLater Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of Third Party Providers, advertisers or sponsors showing their goods and/or services through the PayLater Services and/or the Grab Platform.
7.2 Save as set out in these PayLater Terms or any other agreement pursuant to the PayLater Services, any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable Third Party Provider.
7.3 Save as set out in these PayLater Terms or any other agreement pursuant to the PayLater Services, the Company and/or its affiliate companies and their licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such Third Party Provider.
7.4 The Company provides the PayLater Services to you pursuant to the PayLater Terms. You recognize, however, that certain Third Party Providers may require your agreement to additional or different terms of use prior to your use of or access to such goods or services, and save as set out in these PayLater Terms or any other agreement pursuant to the PayLater Services, the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and such Third Party Providers.
8. Indemnification
By agreeing to the PayLater Terms upon using the PayLater Services, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
(a) your use of the PayLater Services and/or the Grab Platform in your dealings with Third Party Providers and other third-party merchants, transportation providers, partners, advertisers and/or sponsors, where applicable;
(b) your violation or breach of any of the PayLater Terms or any applicable law or regulation, whether or not referenced herein;
(c) your violation of any rights of any third party; and
(d) your misuse of the PayLater Services and/or the Grab Platform.
9. Limitation of Liability
9.1 The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the PayLater Services and/or the Grab Platform.
9.2 The Company does not represent or warrant that:
(a) The use of the PayLater Services and/or the Grab Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
(b) The PayLater Services will meet your requirements or expectations;
(c) Any stored data will be accurate or reliable;
(d) The quality of any products, services, information, rewards or another material purchased or obtained by you through the PayLater Services will meet your requirements or expectations; or
(e) Errors or defects in the PayLater Services will be corrected.
9.3 The PayLater Services are provided to you strictly on an “as is” basis.
9.4 All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under Malaysian laws.
9.5 The PayLater Services and/or the Grab Platform may be subject to limitations, delays and other problems inherent in the use the internet and electronic communications including the device used by you or other Users being faulty, not connected, out of range of mobile signals or functioning incorrectly. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
9.6 To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with you use of the PayLater Services and/or the Grab Platform.
10. Termination
10.1 Subject to Clauses 10.5, 10.6 and 10.7, either the Company or you may terminate this Agreement on one month’s notice in writing and you will be disabled from further use of PayLater Services at the end of the one month notice period.
10.2 You hereby agree that this Agreement shall terminate immediately in the event that you are:
(a) declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration;
(b) found in default of your debt obligations to a licensed bank by a Malaysian court; or
(c) deceased.
10.3 In the event of any of the above, the Company reserves the right to deal with any such trustee, executive or representative of the Malaysian courts as in its sole discretion is considers appropriate in relation to the administration of any outstanding payments towards the PayLater Postpaid Bill(s) or PayLater Instalment Bill(s) (whichever applicable).
10.4 You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement.
10.5 As a User, you acknowledge and agree that while the Company may disable your further use of PayLater Services, you will not be able to terminate this Agreement if there are any amounts or payments outstanding due to the Company, a Third Party Provider and/or the Assignee.
10.6 As a User, you further acknowledge and agree that the Company reserves the right to deduct any sums in your GrabPay Wallet to satisfy your outstanding PayLater Postpaid Bill(s), PayLater Instalment Bill(s) or any other such amounts or payments outstanding due to a Third Party Provider and/or the Assignee, and the Company’s right hereunder shall not be affected by your bankruptcy, insanity or death.
10.7 As a Third Party Provider, you acknowledge and agree that while the Company may disable your further use of PayLater Services, you will not be able to terminate this Agreement if there are any amounts or payments outstanding due to a User, the Assignee, GPNM and/or any other affiliate as the Company may approve, acting in its capacity of the Assignee’s collection agent.
11. Complaints about use of the Service
11.1 Users are invited to contact the Company in the first instance in the event they wish to make a complaint about the use of the PayLater Services either via the Application or via our Help Centre: https://help.grab.com/passenger/en-my/
11.2 You agree to raise any complaints and disputes about incorrect PayLater Services within one month of the transaction for payment of goods and services or within seven days of the payment of the PayLater Postpaid Bill(s) or PayLater Instalment Bill(s) (whichever applicable).
12. Notices
12.1 The Company may give notice by means of a general notice on the Grab Platform, or by electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email).
12.2 You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
13. Assignment
13.1 This Agreement as constituted by the PayLater Terms as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company.
13.2 Any purported assignment by you in violation of this section shall be void.
14. General
14.1 This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the PayLater Terms or the PayLater Services shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
14.2 GPNM and/or any other affiliate of the Company which is approved as the collection agent or disbursement agent may enforce and rely on any right, benefit or authorization conferred on it under these PayLater Terms.
14.3 Without prejudice to other rights of the Company under this Agreement, the Company may at any time, with prior notice, set-off any amount due from you to the Company or any of its affiliates, against any amount due from the Company or any of its affiliates to you.
14.4 No joint venture, partnership, employment, or agency relationship exists between you, the Company or any Third Party Provider as a result of these PayLater Terms or use of the PayLater Services.
14. 5 If any provision of the PayLater Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
14.6 The failure of the Company to enforce any right or provision in the PayLater Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
1. Campaign period is from 15 January 2022 (12:00am) – 28 February 2022 (11.59pm).
2. GrabPay users are eligible for a “RM8 rebate” in your “My Rewards” when you spend a minimum of RM88 on a single receipt via GrabPay Wallet.
3. The offer of “RM8 rebate” is limited to a total of 62,500 redemptions throughout the campaign period.
4. Offer is valid for TWO (2) in-store redemptions with a cap of ONE(1) redemption per user per day throughout the campaign. Shared across AEON Co, AEON BiG, AEON MaxValu Prime, and AEON Wellness throughout the campaign period.
5. The “RM8 rebate” will be awarded instantly with a minimum transaction of RM88 with GrabPay at all outlets of AEON Co, AEON BiG, AEON MaxValu Prime, AEON Wellness; The rebate can be found under “My Rewards”. Rebate must be redeemed by clicking “use now” under “My Rewards” 30 days from the date of issuance.
6. The campaign will cease once all redemptions have been fully awarded or at the expiration of the campaign period, whichever is earlier.
7. Offer is based on a first come first served and while stocks last basis only.
8. Grab and AEON Group shall not be under any obligation to inform users, on any communication channels once the offer has been fully redeemed.
9. Offer is only available for AEON Co, AEON BiG, AEON MaxValu Prime, and AEON Wellness physical stores purchases at cashier counter only via GrabPay Wallet; offer is not applicable for online or GrabMart purchases.
10. Offer is not exchangeable for cash or replacements.
11. Offer is not valid with any other voucher, discount or promotion.
12. Grab and AEON Group reserve the right to alter, extend or terminate the promotion, or amend the terms and conditions at its sole discretion at any time without prior notice. In case of any disputes directly or indirectly arising from the promotion, the decision of Grab and AEON Group shall be final.
13. These terms and conditions shall be governed by the laws of Malaysia and any dispute arising out of or in connection with promotion shall be referred to the exclusive jurisdiction of courts of Malaysia.
14. This rebate is non-transferable to any party.