Last modified: 7 August 2023
Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Service. You further agree to the representations made by yourself below. If you do not agree to, or do not fall within the Terms of Service, and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.
The Terms of Service stated herein (collectively, the “Terms of Service” or this “Agreement“) constitute a legal agreement between you and GPAY NETWORK (T) LIMITED (the “Company“).
By using the Grab mobile application supplied to you by the Company and/or its affiliates (the “Application“), and downloading, installing or using any associated software supplied by the Company and/or its affiliates (the “Software“) which overall purpose is to enable persons seeking to establish an account with the Company and use the GrabPay Wallet, a Designated Payment Instrument issued by the Company pursuant to the Payment System Act B.E. 2560 (2017), as may be amended from time to time, including any subordinated regulations and regulated by the Bank of Thailand, (the “GrabPay Wallet” and generally, the “Service“), you hereby expressly acknowledge and agree to be bound by the Terms of Service, and any future amendments and additions to the Terms of Service as published from time to time at http://www.grab.com or through the Application. You hereby expressly acknowledge and agree to be bound by the Terms of Service, and any future amendments and additions to the Terms of Service as published from time to time at http://www.grab.com or through the Application.
1.General Terms
1.1 You have completely read and understood the details of the Terms of Service and agree to use the GrabPay Wallet by means of electronic methods via mobile, internet network or any other electronic system prescribed by the Company.
1.2 Unless otherwise specified in these Terms of Service, any new features of the GrabPay Wallet (launched after the date of this Terms of Service) shall be considered as an integral part of these Terms of Service.
1.3 The Company, at any time, reserves the rights to permanently and/or temporarily modify or terminate its Service (either in whole or in part) and notify users through any channels which the Company deems fit.
2. Registration and Log In for use of GrabPay Wallet
2.1 Registration for Use of GrabPay Wallet
2.1.1 To apply for a GrabPay Wallet as a new user (i.e. no previous e-wallet has been held with the Company), you shall download the Grab Application including the installation of the GrabPay Wallet feature provided by the Company, and follow the registration requirements prescribed by the Company. Only one mobile number and one citizen identification number may be used per one GrabPay Wallet registration.
2.1.2 You will be required to set a 6 digit numeric PIN (Personal Identification Number, note: letters or other characters are not permitted) to be used as your personal identification as a measure for authentication in the login process and, on occasion, to execute transaction via GrabPay Wallet, including for confirming that you are a person executing electronic transaction or providing an electronic signature for such electronic transaction. In this case, you are able to amend the PIN in accordance with the procedures prescribed by the Company. The Company may require you to provide a OTP (One Time Password) which is received from the Company in the form of an SMS (Short Message Service) sent to your registered mobile number with the Company to be used in substitution for the PIN or together with the PIN as a method of 2-Factor Authentication when it is deemed appropriate by the Company or required by applicable laws.
2.1.3 You acknowledge and agree that you are not entitled to amend or modify certain personal information used as part of your application for a GrabPay Wallet including identification card number, and date of birth.
2.1.4 You acknowledge that GrabPay Wallet registration is processed by an E-KYC (Electronic Know-Your-Customer) system in reliance on Facial Recognition technology, where facial images are stored for verification and authentication of your identity in order to register and open a GrabPay Wallet account, in accordance with the Company’s Own Sandbox testing policy framework, which is regulated by the Bank of Thailand.
2.2 Log In for Use of GrabPay Wallet
Once you have completed the application process for use of the GrabPay Wallet in accordance with the conditions and procedures prescribed by the Company, you will be able to log in to use the GrabPay Wallet in accordance with the following provisions:
(a) mobile number (regardless of any mobile network) whereby the user can use only 1 (one) mobile number for applying GrabPay Wallet; and
(b) 6 digit PIN which has been set in accordance with conditions prescribed by the Company or OTP or other authentication method as prescribed by the Company.
3. PIN / Forgotten PIN
3.1 You shall keep your PIN confidential and not disclose it to any person. You acknowledge and agree that your PIN shall be deemed as part of your e-signature in accordance with applicable laws and regulations. If there are any transactions executed via your GrabPay Wallet with the use of your PIN (either by yourself or any person allowed by you to use your PIN), intentionally or negligently, it shall be deemed that such transaction is completed and binding upon you as if it was done by yourself in all respects and can be used as evidence in court proceedings. If there is any damage incurred by the use of your PIN in accordance with the conditions of this clause, you agree to be liable for such damage in all respects. In such circumstances you hereby waive all rights to claim against the Company for any damages.
3.2 Once you have completely executed any transaction through the GrabPay Wallet, you acknowledge and agree that such transaction cannot be terminated, revoked, amended or modified. You agree to be bound by such transaction in all respects. The Company shall not be liable for damage incurred by execution of any transaction under your account with the use of such PIN.
3.3 In the case where you forget PIN, you shall click “Forgot PIN”, and a recovery email will be sent to your verified email address. You will then be required to set up a new PIN (6 digits) in the attached link. In such circumstances, the Company reserves the right to change the conditions and procedures for setting up a new PIN in the event that the User forgets PIN at any time as the Company deems appropriate. You acknowledge and agree that such procedures will not affect any transaction executed prior to notifying the Company. If you wish to update your PIN, you shall access the “Settings” in the Grab application and comply with the conditions and procedures prescribed by the Company.
3.4 The Company shall suspend your GrabPay Wallet automatically if you provide an incorrect PIN via GrabPay Wallet login process more than the times specified by the Company. In this case, you can unlock your account by contacting the Company via in-app the Help Center. The Company may, at any time, add, amend or modify the conditions and procedures for setting up PIN.
4. Scope of GrabPay Wallet
You can use the following Services in accordance with the conditions and procedures prescribed by the Company:
(a) Payment for Grab services available on the Application;
(b) Top-up money to the GrabPay Wallet; and
(c) Other services as informed or prescribed by the Company from time to time.
5. Applicable Fees and Charges
You agree to pay fees, service fees and/or any expenses in relation to the use of GrabPay Wallet at the rates and pursuant to the conditions prescribed by the Company (the details of current rates of fees, service fees and/or any expenses in relation to the use of GrabPay Wallet through www.grab.com and/or any channels as determined by the Company), including fees, service fees and/or any expenses to be prescribed, amended or modified by the Company as the Company deems appropriate.
In case of fraudulent activity or stolen e-money, you agree to immediately notify the Company via in-app Help Center of any fraudulent activity or theft of funds in the GrabPay Wallet of which you become aware.
6. Funding Methods for Use of the Service
6.1 You may choose any payment methods (including but not limited to direct debit from a bank account, debit card) as prescribed by the Company at the point of time which these are made available on the Application to top up your GrabPay Balance (as defined below) in the GrabPay Wallet (the “Funding Source“).
6.2 You agree that we may verify and authorize the Funding Source details when you first register the Funding Source with us as well as when you use the Service.
6.3 The Company has 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 the Company reasonably believes you to be in breach of these Terms of Service.
6.4 You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
6.5 When you make or receive a payment, you are liable to the Company for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason including but not limited to claims, chargebacks, or if there is a reversal of the payment. You agree to allow the Company to determine (or in the case where a debit card is used as the Funding Source, to work with your debit card issuer) to determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to the Company by debiting your GrabPay Wallet.
6.6 You are responsible for all losses, reversals, fees, claims, penalties or chargebacks, incurred by you or the Company, another user, or a third party caused by or arising out of your breach of this Agreement, damage to or loss of your mobile device, the authorized use of your account by a third party and/or your use of the Service, and where such are borne by the Company, another user, or a third party you agree to reimburse the same for any and all such liability.
6.7 You are not responsible for such losses, reversals, fee, claim, penalty or chargebacks resulting from the Service malfunctioning, the unauthorized use of your GrabPay Wallet, fraudulent transactions through your GrabPay Wallet or the illegal reload of GrabPay Balance into your GrabPay Wallet.
7. GrabPay Balance
7.1 You may top up the balance for the GrabPay Wallet (“GrabPay Balance”) either via a Funding Source or via payment in cash to an authorized agent of GrabPay (if any). You can see the remaining GrabPay balance directly in the Grab application in the designated area in the Application, including but not limited to, the Payments screen, Home Screen, and Booking Flow screens.
7.2 You agree and acknowledge that the maximum limits with respect to the Service shall be as follows:
Scope of services | Threshold per day / per month (Thai Baht) |
Maximum GrabPay Balance (per account) | 50,000 / 50,000 |
Top up | 50,000 / 50,000 |
Payment | 50,000 / 50,000 |
Wallet-to-Wallet Transfer | 20,000 / 50,000* |
Cash out | 20,000 / 50,000* |
* Threshold of both Wallet-to-Wallet Transfer and Cash out are cumulatively combined at THB 50,000 per month.
7.3 You may choose to top up GrabPay Balance into GrabPay Wallet via any Funding Source as may be made available in the Application from time to time. Selecting a particular Funding Source means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
7.4 The Company may, at its sole and absolute discretion, reject your request to top up your GrabPay Wallet for any reason whatsoever, including without limitation, where your proposed GrabPay Balance:
- would cause the aggregate amount of stored value held by the Company, directly or indirectly, alone or together with any person over whom the Company has control or influence, to exceed any value permitted under the prevailing laws and regulations; or
- would cause the amount of GrabPay Balance held by you to exceed the respective maximum limits with respect to the Service detailed above.
7.5 You will not receive interest or other earnings on your GrabPay Balance. The Company may receive interest on amounts that the Company holds on your behalf. You agree to assign your rights to the Company for any interest derived from your GrabPay Balance.
7.6 You may check your GrabPay Balance, as well as other transaction details, in the Application. The GrabPay Balance set out in the Application shall serve as a conclusive evidence of the funds held in your GrabPay Wallet.
7.7 The Company has the right to hold and/or suspend the use of your GrabPay Balance where it reasonably believes that your use of the Service may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of these Terms of Service.
7.8 The balance in GrabPay Wallet has no expiry date.
8. Withdrawal and Transfer of GrabPay balance
8.1 Upon your request, the GrabPay Balance may be withdrawn to a designated account with a licensed onshore bank in Thailand in the name of the user, the details of which shall be notified to the Company via the Application.
8.2 The Company has the right to restrict the withdrawal of all or a portion of the GrabPay Balance in a GrabPay Wallet for a defined period of time for risk management purposes in lieu of potential future claims, chargebacks or reversals.
9. Representations and Warranties
9.1 By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by these Terms of Service. You further confirm that all the information which you provide to the Company shall be true and accurate.
9.2 Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in Thailand or otherwise in the country, state and city in which you are present while using the Service.
9.3 You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
9.4 By using the Software or the Application, you agree that:
- You will only use the Service for lawful purposes;
- You will only use the Service for the purpose for which it is intended to be used;
- You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
- You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
- You will not impair the proper operation of the network;
- You shall not intentionally or unintentionally cause or attempt to cause damage to the third-party transportation provider;
- You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
- You will not copy, or distribute the Software or other content without written permission from the Company;
- You will only use the Software and/or the Application for your own use and will not resell it to a third party;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
- You will provide the Company with proof of identity as it may reasonably request or require;
- You acknowledge and agree that only one (1) GrabPay Wallet account can be registered on one mobile phone or other electronic device operating the Application;
- You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
- You will only use an access point or device which you are authorized to use to access the GrabPay Wallet;
- You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing consumers;
- You agree that the Service is provided on a reasonable effort basis; and
- You agree to abide by the terms of the GrabPay Wallet’s Acceptable Use Policy (below) in relation to your use of the Service.
10. Acceptable Use Policy
10.1 You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any third party as a result of any breach of the Terms of Service.
10.2 You agree not to use the Service in such a manner that you violate any law, statute, ordinance or regulation.
10.3 Save as permitted by the Company but subject always to applicable laws and regulations, you agree not to perform transactions using the GrabPay Wallet involving:
- Adult media depicting or related to illegal activity such as child pornography, rape, incest, etc.
- Any goods or services promoting hate, violence, harm or intolerance in any form.
- Any goods or services subject to UN Security Council’s sanctions.
- Branded, trademarked or copyrighted goods of any kind unless the seller is the intellectual property / copyright holder or licensee.
- Circumvention services, devices or software used to circumvent the law or remove copyright protections.
- Deceptive business practices such as Ponzi / pyramid schemes, multi-level marketing, guaranteed results, investment or trading courses and services.
- Flammable, explosive, pyrotechnic, toxic and hazardous materials including but not limited to fireworks, explosives, radioactive materials and substances, gunpowder.
- Foreign government entities including but not limited to embassies and consulates.
- Fortune tellers, astrology, card reading, tarot, hypnosis and similar services.
- Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes;
- Government, law enforcement and military issued items including but not limited to uniforms, badges, decorations, unless historical and/or clearly not genuine or official (e.g. toys).
- Human parts of any kind, including but not limited to organs, body parts, human remains, body fluids, stem cells, embryos.
- Illegal drugs, tobacco or health products. Substances designed to mimic the effects thereof. Related accessories and products used to create or consume them such as bongs, hookahs and similar devices.
- Items that encourage, promote, facilitate or instruct others to engage in illegal activity;
- Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of Thailand or any jurisdiction;
- Legal and tax consultancy, bankruptcy and any similar services.
- Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
- No-value-added services of any kind, including but not limited to resale of government offerings without authorization or added value, services that are unfair, deceptive, or predatory towards consumers.
- Offering or receiving payments for the purpose of bribery or corruption;
- Political, religious, spiritual, charitable and non-profit organizations of any kind.
- Products of wildlife trafficking, illegal hunting and poaching of endangered species such as marine mammals, shark fins, rhino horns, ivory, deer musk, bear bile, tiger penis, and any similar products.
- Property sharing, timeshares, house-swapping, sub-letting, bed & breakfast and similar businesses.
- Sale of social media activity, click farms including but not limited to sale of Facebook likes, Twitter followers, YouTube views.
- Sexually oriented materials or services.
- Stolen goods including unlawfully acquired or copied digital and virtual goods.
- The personal information of data subject or third parties in violation of Thai law, applicable regulation or in the manner that causes damage to the data subject or third parties.
- The sales of products or services identified by Thai government agencies to have a high likelihood of being fraudulent or to be being transacted by the user in violation of Thai law.
- Unlicensed travel agents.
- Weapons of any kind including firearms, ammunition, knives, nunchakus and related products, parts or accessories thereof. Weapons or knives regulated under Thai law. Toys, gift and replicas of any kind resembling closely any of such items.
11. Taxes
11.1 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.
11.2 You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
11.3 You agree that details of your GrabPay Wallet account and all transactions thereunder may be provided on request to any tax authorities either in Thailand or overseas where the purpose of such request is the lawful payment of tax obligations and/or the identification of assets for taxation.
12. License Grant & Restrictions
12.1 The Company is a licensee of GrabTaxi Holdings Pte. Ltd. (Singapore Company No. 201316157E) and GP Network Asia Pte Ltd. (Singapore Company No.201702285G) both having their registered addresses at 6 Battery Road 38-04 Singapore 049909) in relation to the provision of the Application.
12.2 The Company, its affiliates and its licensors including GrabTaxi Holdings Pte. Ltd. and GP Network Asia Pte. Ltd., where applicable hereby grant you a revocable, non-exclusive, non-transferable, non assignable, personal, limited license to use the Application and/or the Software, subject to the Terms of Service herein. All rights not expressly granted to you are reserved by the Company and its licensors.
12.3 You hereby agree that you shall not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
- modify or make derivative works based on the Application and/or the Software;
- create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device;
- reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software;
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; ● operate the Application and/or the Software on jailbroken or rooted mobile devices; or
- remove any copyright, trademark or other proprietary rights notices contained in the Service.
12.4 You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to:
- send spam or otherwise duplicative or unsolicited messages;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
- send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein;
- attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
- abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
13. Intellectual Property Ownership
13.1 The Company and its affiliates, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
13.2 These Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors.
13.3 The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third-party merchants or transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company and/or its affiliates, and no right or license is granted to use them.
13.4 For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.
14. Data Privacy & Personal Data Protection Policy
14.1 You agree and consent to the Company and/or the Group (as defined below) collecting, using, disclosing and processing your Personal Data for the Purposes and in the manner as identified hereunder and in accordance with the Company’s Privacy Notice accessible at https://www.grab.com/th/privacy/.
14.2 For the purpose of this Terms of Service, “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company and/or the Group from time to time in registration forms, application forms or any other similar forms by any means and/or any information about you that has been or may be collected, stored, used and processed by the Company and/or the Group or other sources in accordance with applicable data protection laws and regulations.
14.3 The provision of your Personal Data is voluntary. However, if you do not provide your Personal Data to the Company and/or the Group, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service pursuant to any contract entered with you or this Terms of Service.
14.4 In addition to the Purposes set out in the Company’s Privacy Notice, the Company and/or the Group may use, collect, disclose, and process your Personal Data for the following purposes (the “Additional Purposes”):
- to perform the Company’s obligations in respect of any contract entered with you;
- to provide you with any Service pursuant to this Terms of Service;
- to process, manage or verify your application for the Service pursuant to the Terms of Service herein;
- to validate and/or process payments pursuant to the Terms of Service herein;
- to process any refunds, rebates and or charges pursuant to the Terms of Service herein;
- to facilitate or enable any checks (including credit checks and compliance with know-your customer obligations) as may be required pursuant to the Terms of Service herein;
- for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Thailand or overseas);
- to develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
- for internal administrative purposes, such as auditing, data analysis, database records;
- to respond to questions, comments,feedback and inquiries from you or related parties;
- for the Company and/or the Group to comply with its obligations under applicable law or regulations or regulatory expectations (whether in Thailand or overseas including disclosing such Personal Data to Thailand and overseas law enforcement agencies or courts); and
- in accordance with any applicable laws or regulations permitting the Company and/or the Group to the use, collection, disclosure and processing of Personal Data,
provided that in the event your data is shared with an external third party, such third party shall be contractually obliged to provide no less protection for that data than the Company.
14.5 In addition to the above, the Company and/or the Group may wish to communicate with you either by email, telephone or text message, including push notification, in relation to the following matters (the “Marketing Purposes”):
- to process your participation in any events, promotions, activities, focus groups, research studies, contests, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
- to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company and/or the Group, its partners, advertisers and or sponsors;and/or
- to notify and invite you to events or activities organized by the Company and/or the Group, its partners, advertisers, and or sponsors.
14.6. In accordance with applicable laws and regulations, you may be entitled to:
- ask the Company about the processing of your Personal Data, including to be provided with a copy of your Personal Data;
- request the correction and/or (in some cases) deletion of your Personal Data;
- in some cases, request the restriction of the processing of your Personal Data, or object to that processing;
- withdraw your consent to the processing of your Personal Data (where we are processing your Personal Data based on your consent);
- request receipt or transmission to another organisation, in a machine-readable form, of the Personal Data that you have provided to us where we are using your Personal Data based on consent or performance of a contract; and
- complain to the relevant data privacy authority if your data privacy rights are violated, or if you have suffered as a result of unlawful processing of your Personal Data.
If you wish to make a request to exercise your rights, you can contact us through our contact details via the email at dataprotection@grab.com
14.7 In addition to the parties set out in the Company’s Privacy Noticeunder the section entitled “Disclosure of Personal Data”, the Company may disclose your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group“), and with the Company and Group’s agents, third party providers, assignees, auditors, developers, advertisers, partners, event companies or sponsors having entered in to a contract with the Company. You also agree to authorize such recipients of information from the Company to collect, use and disclose such information under said Purposes/ the Additional Purposes, and send and/or transfer such information to keep on a server/cloud in other countries.
14.8 The Company and/or the Group reserves the right to transfer your Personal Data to its affiliates, the Group and outsources whether in Thailand or overseas in accordance with applicable laws and regulations.
14.9 You certify that any documents, information or details that have appeared and/or been delivered to the Company and/or the Group in any format, either by you or your assignee, are complete, true and up-to-date, and they can be used by the Company and/or the Group to provide services and for updating the Company’s system.
15. Third Party Interactions
15.1 During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application.
15.2 Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party.
15.3 The Company and its affiliates and licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party.
15.4 The Company does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers.
15.5 The Company provides the Service to you pursuant to the Terms of Service. You recognize, however, that certain third-party merchants or transportation providers, goods and/or services may require your agreement to additional or different Terms of Service prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers.
16. Indemnification
By agreeing to the Terms of Service upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
- your use of the Service, the Software and/or the Application in your dealings with the third-party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors;
- your violation or breach of any of the Terms of Service or any applicable law or regulation, whether or not referenced herein;
- your violation of any rights of any third party;
- your misuse of the Service, the Software and/or the Application.
17. Limitation of Liability
17.1 The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the Service, the Application and/or the Software.
17.2 The Company does not represent or warrant that:
- The use of the Service, the Application and/or the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- The Service and/or rewards will meet your requirements or expectations;
- Any stored data will be accurate or reliable;
- The quality of any products, services, information, rewards or another material purchased or obtained by you through the Application will meet your requirements or expectations;
- Errors or defects in the Application and/or the Software will be corrected; or
- The Application or the Server that make the application available are free of viruses or other harmful components.
17.3 The Service and rewards are provided to you strictly on an “as is” basis.
17.4 All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under Thai law.
17.5 The Service, the Application and/or the Software may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including the device used by you or other GrabPay Wallet users being faulty, not connected, out of range of mobile signals or functioning incorrectly. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
17.6 To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with you use of the Service, the Application and/or the Software.
18. Termination
18.1 You may terminate our services by contacting or submitting a request via in-app Help Center. Grab support agent verifies your request submitted to relevant team to process refund and terminate your account as per request. You shall follow Company’s procedures to close the account. The Company might take up to 7 days to verify outstanding balance and non-compliance matter with our policy. Once the Company completes verification, the refund process will proceed by additional 15 days. You agree that there is no interest or any return incurred from these procedures and the refund will only be paid to your own bank account.
18.2 You hereby agree that this Agreement shall terminate immediately in the event that you are:
- declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration;
- found in default of your debt obligations to a licensed bank by a Thai court;
- found to be a designated person with respect to the Sanction Lists applicable to the Company;
- detected to use any rooted/jailbroken mobile devices to access the Company’s Application;
- deceased; or
- found to be in breach of any of the terms stipulated in this Agreement.
18.3 In the event of any of the above, the Company reserves the right to deal with any such trustee, executive or representative of the Thai courts as in its sole discretion is considered appropriate in relation to the administration of any outstanding balance of Credits in the GrabPay Wallet.
18.4 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.
18.5 Any outstanding balance in the GrabPay Wallet will be paid out to you by the Company in the procedures as prescribed by the Company.
19. Complaints About Use of the Service
You are invited to contact the Company in the first instance in the event they wish to make a complaint about the use of the Service via the following messaging service: https://help.grab.com/passenger/en-th. You agree to raise any complaints and disputes about incorrect Service within one month of the transaction, or of you becoming aware of the fraudulent usage of the GrabPay Wallet, whichever is earlier. After receiving a complaint the resolution time for 85 percent of issues will be solved in 3 days, and 100 percent in 7 days to be resolved depending on complexity and we will inform users of the outcome of such complaints either by calls or email.
20. Notices
20.1 The Company may give notice by means of a general notice on the Application, or by electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email).
20.2 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.
21. Assignment
21.1 This Agreement as constituted by the Terms of Service 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.
21.2 Any purported assignment by you in violation of this section shall be void.
22. General
22.1 The Terms of Service shall be governed by and construed in accordance with the laws of the Kingdom of Thailand and the court of Thailand shall have non-exclusive jurisdiction to adjudicate any dispute arising under or in connection with the use of Services under the Terms of Service.
22.2 The Terms of Service may be partly or wholly amended, modified or varied from time to time as published at http://www.grab.com or through the Application. If any amendment, modification, variation or addition will negatively impact you (including increase of service fee), the Company will notify you by any appropriate means at least 30 days prior to the effectiveness of such amendment, modification, variation or addition or other timing as prescribed by laws.
22.2 No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Service or use of the Service.
22.3 If any provision of the Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
22.4 The failure of the Company to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Service comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.