Terms of Service: Transport, Delivery and Commerce

Latest updated: 15/8/2024

TERMS OF USE

Section A – General Terms

1. Introduction

1.1. Please read these Terms of Use carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the Grab Policies (as defined) constitute a legally binding agreement (“Agreement”) between you and Grab (as defined). The Agreement applies to your use of the Service (as defined) provided by Grab. If you do not agree to the Terms of Use please do not use or continue using the Application or the Service.

1.2. Grab may amend the terms in the Agreement at any time. Such amendments shall be notified to you through the Application and/ or your registered email address at least five (05) days before the effective date. The updated version will be posted on the website http://www.grab.com. It is your responsibility to review the Terms of Use regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Terms of Service applicable in the Alternate Country which can be found at https://www.grab.com as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Use in the Alternate Country. In case you do not agree or not accept such amendments, supplements, please cancel your account or delete the Application on your device.

1.4. GRAB IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. GRAB’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. GRAB IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF GRAB AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY GRAB.

2. Definitions

In these Terms of Use, the following words shall have the meanings ascribed below:

2.1. “Application” means the relevant mobile application made available for download by Grab to Users and Third Party Providers respectively;

2.2. “Grab” means:

2.2.1. Grab Company Limited, in relation to GrabTaxi, GrabCar, GrabBike, GrabFood, GrabMart & GrabGifts; 

2.2.2. Grab Vietnam Company Limited, in relation to GrabExpress for API Partners and Advertising Activity;

2.2.3. Grabtaxi Holdings Pte Ltd, in relation to User who has created Grab’s user account outside of Vietnam and use the Service in Vietnam (called as “Traveller User”);

2.2.4. in relation to Grab for Business, the entity stated at the Grab for Business account sign-up page in relation to; and/or

2.2.5. the relevant subsidiary, affiliate, associated company of or entity jointly controlled by Grabtaxi Holdings Pte Ltd.

2.3. “Grab Policies” means the following:

2.3.1. the Privacy Notice;

2.3.2. the Grab Driver / Delivery Partner Code of Conduct or the Grab Customer Code of Conduct,as may be applicable;

2.3.3. Policies generally applicable to Solutions on the Application; and

2.3.4. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;

2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

2.5. “Platform” means the relevant Grab technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;

2.6. Privacy Notice” means our privacy policy accessible at:https://www.grab.com/vn/privacy/ as amended from time to time;

2.7. “Service” means the linking of Users to Third Party Providers through the Application, Platform and/or Software;

2.8. “Software” means any software associated with the Application which is supplied made available for download and installation by Grab;

2.9. “Solutions” means the following transportation and/or supporting services which are made available to Users through the Service (each a “Solution”):

2.9.1. GrabTaxi;

2.9.2. GrabCar;

2.9.3. GrabBike;

2.9.4. GrabFood;

2.9.5. GrabMart;

2.9.6. GrabExpress;

2.9.7. Grab for Business;

2.9.8. GrabRewards.

2.9.9 GrabGifts

2.9.10 GrabExpress Truck/ Van

2.10. “Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including drivers, delivery partners and third party merchants;

2.11. “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions; 

2.12. “Concierge User” means an individual who by their intention registers to become an individual Corporate User (as defined below) under Grab for Business to enable its request for transportation/ delivery booking via a webpage as developed and provided by Grab from time to time.

2.13. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.

2.14. “Web-booking” shall mean all the booking placed by Concierge User via a web-page which is developed and provided by Grab, as may be updated by Grab from time to time.

2.15. “Meal” means any food and/or beverage made available by Merchant via the Grab App for purchase by End Users.

2.16. “Retail Price” of a Meal means the retail price of the Meal/ Goods as published on the Grab App, which shall be inclusive of VAT, however delivery fees and other expenses are excluded.

2.17. Grab Personal Data”: means Personal Data which Grab, or its Affiliates discloses to the Merchant or which the Merchant processes on behalf of Grab for purposes of this Agreement

3. Representations, Warranties and Undertakings

3.1. By using the Service, you represent, warrant / undertake that:

3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

3.1.2. All the information which you provide shall be true and accurate;

3.1.3.You will only use the Application, Platform and Service for their intended and lawful purposes;

3.1.4. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;

3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

3.1.6. You will not try to interrupt or harm the Service, Application and/or the Software in any way;

3.1.7. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;

3.1.8. You will not 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;

3.1.9. You will provide us identification information such as full name, address, phone number, email, bank account, etc. or any other documents, permits, licenses or approvals which we may reasonably request or require, in accordance with prevailing regulations or upon specific request of competent authorities, to provide the Service;

3.1.10. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

3.1.11. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Grab or any third party;

3.1.12. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;

3.1.13. You will not copy, or distribute the Software or other content without written permission from Grab;

3.1.14. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that Grab may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Grab has the right but not the obligation to terminate this Agreement and your use of the Service at any time with a notice sent to you through the Application or your registered phone number or email address;

3.1.15. You will only use an access point or data account which you are authorized to use;

3.1.16. You agree that the Service is provided on a reasonable effort basis;

3.1.17. You agree that your use of the Service will be subject to Grab’s Privacy Notice as may be amended from time to time in accordance with the applicable law. The updated Privacy Notice will be posted on the website http://www.grab.com, and will be notified to you through the Application and/ or your registered email address at least five (05) business days before the effective date;

3.1.18. You agree to assist Grab with any internal or external investigations as may be required by Grab in complying with any prevailing laws or regulations in place; and

3.1.19. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Grab or any other party as a result of your breach of this Agreement without the fault of Grab or Third Party Provider.

3.1.20. You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Grab or to disrupt the natural functions of the Application.

3.2. If you are a Third Party Provider, you further represent, warrant / undertake that:

3.2.1. If applicable, you possess a valid driver’s license and are authorized to operate a motor/ motobike vehicle and have all the appropriate licenses, approvals and authority to provide transportation or delivery services for hire to third parties in the jurisdiction in which you use the Service;

3.2.2. If applicable, you own, or have the legal right and authority to operate, the vehicle (“Vehicle”)which you intend to use when accepting Users, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;

3.2.3. If applicable, you will use the appropriate road safety equipment;

3.2.4. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation/delivery service provided by you;

3.2.5. You shall obey all local laws related to the operation of a taxi/passenger delivery service and will be solely responsible for any violations of such local laws;

3.2.6. You shall not contact Users for purposes other than in connection with the Service;

3.2.7. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of Grab, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;

3.2.8. You agree to be subject to random drug tests arranged or undertaken by Grab, its agents or appointed persons;

3.2.9. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;

3.2.10. 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;

3.2.11. You agree that you are forbidden from giving out coupons and suggesting any other form of discounts to the Users. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of Grab’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Grab reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and

3.2.12. You agree that you will have to reimburse the GrabFood order value (excluding shipping fees, platform fees and other incidentals) when (i) you cancel the order for subjective reasons (not for reasons from GrabFood Merchants and/or Users) and (ii) the Restaurant’s order completion deadline has not yet ended (30 minutes for pizza/grilled dishes, 15 minutes for other dishes) . This time limit is calculated from the time you are present at the restaurant and operate “I have been to the restaurant” on the Application. The refund amount will be deducted from the revenue of the trips generated from the Application.

3.3. If you are a User, you further represent, warrant / undertake that :

3.3.1. You will comply with the Grab Policies;

3.3.2. Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor;

3.3.3. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;

3.3.4. Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the Service. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the third party transportation provider is entitled to cancel your booking and you may be charged a cancellation f;ee;

3.3.5. You shall not contact the Third Party Provider for purposes other than the Service or perform the consumer complaint right according to the provisions of law;

3.3.6. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider or the Vehicle;

3.3.7. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;

3.3.8. Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;

3.3.9. You acknowledge and agree that only one (1) account can be registered on one device;

3.3.10. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and

3.3.11. You agree that Grab may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.

3.4. If you are Merchant selling products through GrabFood or GrabMart solutions:


3.4.1. You, or your duly authorized representative, has the capacity and power to enter into and perform and comply with the obligations under this Agreement;


3.4.2. This Agreement constitutes its valid and binding obligations and is enforceable against it in accordance with the terms hereof;


3.4.3. The execution of and/or performance of or compliance with your obligations as Merchant under this Agreement do not and will not violate (i) any laws to which it is subject or (ii) any agreement to which it is a party or which is binding on it or its assets;


3.4.4. It is not in default of any agreement to which it is bound which may materially and adversely affect its financial condition or its ability to perform any obligations under this Agreement nor are there any actions, proceedings, claims, litigation or arbitration pending or threatened against it which may have a similar or analogous effect; and


3.4.5. It is compliance with and holds all applicable licenses and permits required under applicable law and regulation (including but not limited to food safety regulations);


3.4.6. You understand that, as a Merchant operating on an e-commerce platform, you are responsible for issuing and providing VAT invoices (or bill of sales, as the case may be) for products and goods that you distribute through GrabFood Service or GrabMart Service. You agree to take full responsibility for fines or forfeiture by the competent authorities for the carriage of commercial goods without the proper documentation. If the Merchant fails to issue VAT invoices, or bill of sales, Grab has the right to terminate this Agreement with immediate effect and request the Merchant to reimburse the expenses that Grab has paid to End Users in connection with the Merchant’s breach of invoice issuance;


3.4.7. Merchant agrees to take full responsibility for fines or other administrative sanctions imposed by the competent authorities for its violations during the provision of goods, services through GrabFood Service or GrabMart Service.


3.4.8. All content, media and other materials used or provided under this Agreement shall not infringe or otherwise violate the Intellectual Property Rights of any third party.


3.4.9. You shall not use GrabFood and/or the Grab App for any illegal purpose (including the transportation of drugs, doing any action being contrary to public order and good morals).


3.4.10. Merchant access to Grab Platforms
Where you are a Merchant, Grab may allow you to access, view, retrieve, disclose, manage and/or otherwise use (“Use”) information relating to the Service, Solutions and/or other confidential details of your business or relationship with Grab (“Business Information”) via a user account(s) on the Platform(s) (“Account(s)”) as well as to enable other person(s), be it a natural or legal person, authorized by you, your personnel invia writtenemail correspondence or otherwise confirmed methods required by Grab in accordance with the provisions of the separate agreement that you have entered into with Grab (“Merchant Authorized User(s)”), to Use the same via separate Account(s). In such an event, you agree that:


a. You shall ensure that yourself and each Merchant Authorized User accept and comply with any and all terms, guidelines and policies that are applicable to access or use of the Account(s) and the relevant Platform(s), which may be updated from time to time. This includes without limitation the provisions made available herein, which the Merchant Authorized Users shall comply with as if they are ‘you’.


b. You are solely responsible to ensure that each Merchant Authorized User has the necessary rights to Use the Business Information; and shall provide Grab with a written notice at least thirty (30) days prior to the termination or expiry of your relationship with the Merchant Authorized User(s); or where any Use by the Merchant Authorized User(s) shall be terminated or suspended for any reason(s). Without prejudice to any other provisions, you acknowledge that pursuant to operational or technical limitations, Grab and/or its affiliate(s) may not be able to terminate or suspend the Merchant Authorized User’s Use in time, in which case, you shall prohibit the Merchant Authorized User(s) from continuing to Use the Account, Business Information, Platform or any part thereof by other means; and Grab and its affiliate(s) shall never be held liable in any manner for the same.

 

c. All information that Grab and its affiliate(s) makes available, including without limitation the Business Information, are on an “as is” basis and Grab and its affiliate(s) do not give any warranties or representations (express or implied, and whether on their own behalf or that of their respective directors, officers, employees, agents or advisers) with regard to the accuracy, quality, timeliness, reliability or completeness of the same. You are responsible to make your own evaluation of the information.


d. You are solely responsible for each Merchant Authorized User’s Account(s) as well as their respective Use of the Business Information, Account(s) and the Platform(s); and Grab and its affiliates shall not be liable for any losses that you incur as a result of the same.


e. Grab reserves the right, but is not obliged, to require you to provide information on your relationship with each Merchant Authorized User; and to, at its sole absolute discretion, impose additional conditions for the Use or the Platform(s), such as a requirement that an additional fee be paid for the Use, Platform(s) or any part thereof; or terminate or suspend any Merchant Authorized User’s access to the Account(s) and/or Platform(s).

3.4.11. To the extent applicable, the Merchant represents and warrants that:

a. Merchant shall use, disclose, store, retain or otherwise process Grab Personal Data solely for the purposes of performing its obligations under this Agreement. Without prejudice to the generality of the foregoing, Merchant shall not use Grab Personal Data for direct marketing purposes;

b. Merchant agrees to access Grab Personal Data provided to the Merchant by Grab for the purposes of performing its obligations under this Agreement solely by using the Order Equipment or such other tools provided by Grab. Merchant shall not, directly or indirectly, extract, make a copy of, or retain any Personal Data made available to it by Grab;

c. Merchant shall protect Grab Personal Data against unauthorised or accidental access, collection, use, disclosure and destruction, and ensure that security measures are implemented to give such protection;

d. Merchant shall notify Grab in writing, without undue delay (and in any event, no later than twenty-four (24) hours) of it becoming aware of or suspecting that any of the events referred to in sub-clause (c) above has occurred and shall immediately take all necessary steps to remedy the event and prevent its recurrence.

4. Compatibility

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application. While we continuously develop the Application in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application is likely to be accessed from, we do not warrant compatibility of the Application with specific mobile devices or other hardware.

5. License Grant and Restrictions

5.1. Grab and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Grab and its licensors.

5.2. You shall not:

5.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;

5.2.2. modify or make derivative works based on the Application and/or the Software;

5.2.3. “mirror” the Application / Software on any other server or wireless or internet-based device;

5.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;

5.2.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (c) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;

5.2.6. 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

5.2.7. remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or

5.2.8. use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.

6. Payments

6.1. For Third Party Providers:

6.1.1. The fees which you pay Grab for the Service are due immediately and are non-refundable (“Service Fee“). Subject to any limit stipulated by the applicable law, the Service Fee shall be a percentage of the User Charges, as determined by Grab from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

6.1.2. You acknowledge that the total amount of User Charges paid to you by Users includes the Service Fee, which you collect on behalf of Grab.

6.1.3. Grab may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. Grab may change the Service Fee at any time at its sole discretion.

6.1.4 Payment between Third Party Provider and Grab
Grab’s payments to Third Party Providers are made via wire transfer to the Third Party Provider’s registered bank account and/or through the payment support service of payment intermediaries and/or commercial banks appointed by Grab, according to the payment process agreed between Grab and the Third Party Provider.

Payment by Users

6.1.5 Users may pay for your provision of the Solution immediately upon completion of or confirmation of a booking for a Solution, as the case may be, by cash or cashless method(s) such as by credit or debit card (“Card”). All payments due to you for your services, including tips (where applicable), will be channelled to you in the agreed quantum in due course.

6.1.6. Grab retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where your and/or the User breached any terms in this Agreement. In such an event, you shall not hold Grab liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment to you.

6.2. For Users:

6.2.1. Once you have completed using the Service, you are required to make payment in full to the Third Party Provider by selecting one of the payment methods available to you on the Application. Any payment pursuant to such selection will be automatic and is non-refundable.

6.2.2 Users can refer to the following payment methods and choose to apply the appropriate method:

Method 1: Pay in cash (applies to available Solutions).

Method 2: Pay by non-cash payment available on the Application (applies to all Solutions on the Application), in accordance with legal regulations from time to time, including but not limited to e-wallet, domestic or international debit/credit card (“Card”), or any other legal and available payment methods available on the Application.

Any payments with e-wallets, Cards or other payment methods which have been linked to Application are subjected to and in accordance with the terms of use of Moca payment services provided by Moca Technology and Service Corporation (“Moca”) in the link https://www.moca.vn/dieu-khoan-su-dung-vi.html and those of related payment service providers.

6.2.3 You agree that Grab & Moca may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.

6.2.4 You agree that Grab or the party providing payment facilities on the Application may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your payment source. The hold may appear in your statement as “pending”. The authorized hold amount will be based on the upper bound fare shown at the time of your booking and may include up to the maximum extra charges (for example, tolls or booking fees, where applicable) permissible on the Application. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your payment methods.

6.2.5 In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto in accordance with applicable policies of Card payment processor(s).

6.2.6 If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the User Charges after the Solution has been provided and given to the Third Party Provider unless you choose to change the amount or remove the tip.

6.2.7 Grab may suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where Grab reasonably believes that the cashless payment methods has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where Grab reasonably believes you to be in breach of this Agreement.

6.2.8. You agree that you will cooperate in relation to any financial crime screening that is required and to assist Grab in complying with any prevailing laws or regulations in place.

6.2.9. You shall be responsible to resolve any disputes with your Card company on your own.

6.2.10. If you are a Traveller User, you agree that some of the applicable fees (e.g. platform fee, service fee, small order fee, etc.) in relation to the use of the Service in Vietnam shall be chargeable by Grabtaxi Holdings Pte Ltd through a tech solutions cross-border service performance. Grab Company Limited will support to facilitate your payment of such applicable fees to Grabtaxi Holdings Pte Ltd as the case may be.

6.3 Secure payment information on the User’s Application

6.3.1. Grab collects, processes and secures your payment information in accordance with the Privacy Notice.

6.3.2. Non-cash payment methods on the Application are provided through payment facility provider(s). Users have the right to choose cashless payment methods available on the Application that best fit their needs; the non-cash payment provider that the User chooses is responsible for securing the User’s payment data in accordance with its data security policy and the law.

6.4. By using the Service and the Application, you herein agree and accept to use intermediary payment services provided by Moca, allow Moca to receive and process your payments through the Application, and You are responsible for complying Moca’s terms of use as may be amended from time that is publicly posted on the website https://www.moca.vn/dieu-khoan-su-dung-vi.html. You also agree and allow Grab and Moca to share your registered information in the Application for the purpose of Know-Your-Customer procedures.

7. Cancellation For Third Party Providers:

7.1. The Users rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of Grab.

7.2. While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Grab reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.

8. Promotional Programme for Users

8.1. From time to time, Grab may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. Grab reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. Grab reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of these Terms of Use.

9. Ratings

9.1. Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided.

9.2. Every rating will be automatically logged onto Grab’s system and Grab may analyse all ratings received.

  1. Point of Interest Contributions

This section applies to Users’ and Third Party Providers’ submission of Point of Interest (“POI”) locations to the map in the relevant Application. 

10.1. Submission requirements: When submitting a POI, you are required to provide POI content such as the name, address and category of the POI. You may also provide additional POI content such as images of the POI and relevant additional details (“POI Content”).. 

10.2. Prohibited content: You shall ensure that all POI Content submitted:

10.2.1. is not inaccurate, fake or spam;

10.2.2. is not defamatory, obscene, discriminatory, provocative, derogatory, harmful, offensive or otherwise objectionable;

10.2.3. does not contain irrelevant content such as political or personal opinions;

10.2.4. does not offer or promote the sale of any regulated or prohibited items or services, including but not limited to tobacco, drugs, gambling, weapons, medical services and adult services;

10.2.5. does not refer to, promote or depict sexually explicit content, abusive images and/or images of minors, violence, terrorism or any other harmful behaviour or illegal conduct;

10.2.6. does not contain personal/sensitive data or images of any person; 

10.2.7. does not contain images of protected areas, publicly inaccessible locations or restricted areas, or areas where photography and filming are not permitted (e.g. immigration checkpoints, military compounds, interiors of private residences); and

10.2.8. is not copied or stolen, and does not infringe upon third party intellectual property rights.

10.3. Acceptance, rejection or removal of POI: Grab may, at its sole discretion and at any time without notice to you:

10.3.1. accept or reject any POI Content submitted; 

10.3.2. amend or redact any accepted POI or POI content; and

10.3.3. remove any POI or POI Content.

10.4. Rewards: Grab may provide incentives or rewards for accepted POI Content submissions from time to time, as notified to you in the Application.

10.5. License: By submitting a POI, 

10.5.1. you are solely responsible for your conduct and any data, text, information, names, images, graphics, photos, imagery and other content that you submit, post display on or via the Application. Grab does not claim ownership of any POI Content that you post on or through the Application; 

10.5.2. you have no obligation to provide any content to Grab. However, if you choose to upload or share content, you represent and warrant that you have the requisite permissions to submit the POI and the POI Content; 

10.5.3. you grant Grab an irrevocable, worldwide, non-exclusive and royalty-free license to host, reproduce, distribute, communicate, publish, use, sub-license,modify and create derivative works based on the POI and POI content;

10.5.4. POI or POI Content that contains publicly-available factual information, such as the name of a business is not covered under the scope of this license; and

10.5.5. This license lasts for as long as your POI content is protected by intellectual property rights.

10.6. Amendment or removal requests: You may submit requests to amend or remove POIs or POI content through the Application. Grab will assess on a case by case basis whether to accede to such requests at Grab’s sole discretion.

10.7. Satellite street view images: When submitting or viewing POIs in the Application, you may be able to view satellite street view images (“Satellite Images”). You acknowledge and agree that:

10.7.1. all right, title and interest in the Satellite Images, including all corrections, enhancements, modifications or intellectually property rights belong to Grab’s third party vendor(s) or such vendor’s suppliers;

10.7.2. you shall not distribute, sublicense, rent, sell, lease, loan the Satellite Images to any third party, or otherwise use or reproduce the Satellite Images for any purpose not expressly permitted by Grab, including any commercial purpose;

10.7.3. you shall not remove, bypass or circumvent any electronic or other protection on the Satellite Images;

10.7.4. you shall not download or save the Satellite Images onto any device;

10.7.5. you shall not alter, obscure or remove any copyright notice, copyright management information, trademark or proprietary legend contained in or on the Satellite Images;

10.7.6. all Satellite Images are provided “as is” without any warranty of any kind, including any warranty of fitness for purpose, non-infringement or non-misappropriation of intellectual property rights of a third party, accuracy, content or results; and

10.7.7. neither Grab nor its vendor(s) shall be liable for any loss or damage of any nature howsoever arising out of or in relation to your access or use of the Satellite Images.

11. Repair and Cleaning Fees for Users

11.1. Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Third Party Provider’s Vehicle as a result of your misuse of the Service or breach of the Terms of Use herein. Grab may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Third Party Provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Third Party Provider has been verified by Grab.

12. Intellectual Property Ownership

12.1. Grab and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by Grab and/or its licensors. Grab’s name, Grab’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of Grab or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

13. Taxes

13.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Grab to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

13.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

14. Confidentiality

14.1. You shall maintain in confidence all information and data relating to Grab, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Grab (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Grab, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Grab’s prior written consent, disclose such information to any third party nor use it for any other purpose.

14.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

14.2.1. was at the time of receipt already in your possession;

14.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;

14.2.3. was received from a third party having the right to disclose it; or

14.2.4. is required to be disclosed by law.

15. Data Privacy and Protection Data Protection Policy

15.1. Grab collects and processes your Personal Data in accordance with its Privacy Notice. The Privacy Notice applies all of Grab’s Services and its terms are made a part of this Agreement by this reference.

15.2. Where applicable, you agree and consent to Grab, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Notice.

15.3. You acknowledge that Grab may disclose Personal Data of other individuals to you in the course of your use of Grab’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Grab, and not for any other unauthorized purposes.

16. Third Party Interactions

16.1. You acknowledge that the Application utilised data from the Data Sources listed in Section B.

16.2 During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and Grab and its licensors shall have no liability or obligation for any such communication or agreement. Neither Grab nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Grab, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and Grab is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different Terms of Use and privacy policies may apply to your use of such third party services. Grab is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

16.3. Grab may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By installing and using the Application, you agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, you can go to the setting of Application and turn off get ads mode. If you do not wish to receive such advertising and marketing, please refer to our Privacy Notice for instructions to unsubscribe or update your privacy settings. You agree and allow Grab to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.

16.4. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

17. Indemnification

17.1. By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold Grab, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Solutions to Users via the Service where applicable. For avoidance of doubt, such indemnification shall be determined in compliance with respective regulations and principles set out in the prevailing Civil Code.

18. Disclaimer of Warranties

Grab makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to Grab in respect of the same.

19. Internet Delays

THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. GRAB IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

20. Limitation of Liability

20.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST GRAB BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. GRAB AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE, INCLUDING BUT NOT LIMITED TO:

20.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

20.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

20.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR

20.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE,

EVEN IF GRAB AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2. GRAB DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE GRAB FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.

20.3. GRAB WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH GRAB, GRAB CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE GRAB FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.

20.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK. YOU FURTHER UNDERSTAND AND AGREE THAT THE THIRD PARTY TRANSPORTATION PROVIDERS ARE SOLELY RESPONSIBLE FOR TRANSPORTATION SERVICE’S QUALITY PROVIDED TO YOU VIA THE APPLICATION. HOWEVER, BECAUSE YOUR SAFETY IS ALWAYS GRAB’S TOP CONCERN, SO EACH OF VALID BOOKING ON THE APPLICATION, YOU WILL BE PROVIDED AN ADDITIONAL PERSONAL ACCIDENT INSURANCE (WITHOUT ANY SURCHARGES) TO SUPPORT FOR THE DAMAGE, HEALTH AND BODY LOSSES DUE TO THE ACCIDENTS. YOU HEREBY AGREE GRAB TO PURCHASE PERSONAL ACCIDENT INSURANCE FOR YOU SUBJECT TO THE TERMS AND CONDITIONS OF GRAB’S INSURANCE POLICY, WHICH IS PUBLISHED AND UPDATED FROM TIME TO TIME AT https://www.grab.com/vn/insurance/

21. Grab’s Obligation

21.1. Provide the Service according to the Operational Regulation registered with the competent authority;

21.2. Comply with legal regulations on e-commerce;

21.3. Provide invoices via User’s email address after each trip;

21.4. Use User’s Personal Data only for the purposes specified in this Agreement. For the other purposes, Grab must obtain User’s approval before disclosing, sharing or transferring such data to any third parties;

21.5. Store and keep User’s Personal Data until receipt of cancellation request from User;

21.6. Receive and directly handle User complaints related to the provision and use of the Application and/ or Software according to this Terms of Use and applicable laws.

21.7. Coordinate with the Third Party Service Provider to resolve User complaints regarding transportation and delivery services provided through the Application;

21.8. Build up a 24/7 customer care system, diversify interactive channels including calling support from in-app “Call Grab” function, submitting support request via in-app Help Center, Grab’s official Facebook, through the Application and/ or other forms to receive and process User complaints, reflections and suggestions quickly and promptly;

21.9. Respect and seriously implement regulations on consumer protection and protection of Personal Data;

21.10. In the event that the server hosting the information being attacked by the hacker leads to the loss of personal data of User, Grab shall promptly report to the competent authorities, support the investigation and inform to all User;

21.11. Perform Grab’s tax, financial and other obligations in accordance with the applicable law; and

21.12. Other obligations as prescribed by law.

22. Notice

22.1. Grab may give notice through the Application, electronic mail to your email address in the records of Grab, or by written communication sent by registered mail or pre-paid post to your address in the record of Grab. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Grab (such notice shall be deemed given when received by Grab) by letter sent by courier or registered mail to Grab using the contact details as provided in the Application.

23. Assignment

23.1. This Terms of Use as modified from time to time may not be assigned by you without the prior written approval of Grab. You hereby agree that Grab has the right to transfer its rights and obligations under this Agreement to a third party provided that Grab shall (i) give a notice on assignment to you through the Application or your registered email address and (ii) the third party undertakes to inherit Grab’s rights and obligations under this Agreement.

24. Dispute Resolution

24.1. This Terms of Use shall be governed by Vietnamese law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Use or the Service shall be referred to the Vietnam International Arbitration Centre (“VIAC”), in accordance with the Rules of the VIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Grab (the “Arbitrator”). If you and Grab are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of VIAC accordance with the Rules. The seat and venue of the arbitration shall be Vietnam, in the Vietnamese language and the fees of the Arbitrator shall be borne equally by you and Grab, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

24.2. Any complaints between Third Party Providers and Users must be taken up with each other directly.

24.2. Notwithstanding anything in the contrary, any complaints between Third Party Providers and Users must be taken up with each other directly.

25. Relationship

25.1. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with Grab.

26. Severability

26.1. If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

27. No Waiver

27.1. The failure of Grab to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.

28. Entire Agreement

28.1. This Agreement comprises the entire agreement between you and Grab and supersedes any prior or contemporaneous negotiations or discussions.

29. Suspension and Termination

29.1. You agree that we may do any of the following, at any time by giving you a notice through the Application or your registered email address: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.

30. No Third Party Rights

This agreement does not give rights to any third parties who are not party to this Agreement.

30. No Third Party Rights

This agreement does not give rights to any third parties who are not party to this Agreement.

31. Policies generally applicable to Solutions on the Application

31.1. Delivery policy/delivery method: through affiliated shipping units (Delivery Partners) and merchant delivery by their fleet (or engages a shipping unit).

31.1.1. Estimated time for delivery or service provision, taking into account geographical distance and delivery method:

a. For GrabBike, GrabTaxi, GrabCar: Delivery Partner will move to the pick-up point immediately after accepting the ride. The duration of the journey will depend on the geographical distance between the pick-up point and the destination, the time of service (peak, off-peak hours) and factors such as weather, etc.; may be changed, delayed, dependent on the User or Delivery Partner or affected by external factors or force majeure events. The Application will display the estimated time for the Delivery Partner to arrive at the User’s pick-up point when the User confirms using the service.

b. For Top Up, GrabRewards and Gift Cards – GrabGifts (including GrabGifts Web): Not applicable.

c. For GrabExpress (including GrabExpress Tricycle, GrabExpress Truck/ Van, GrabExpress Web): For intra-provincial deliveries: postal items will be delivered immediately after the postal items are accepted on the Application and delivered to the recipient within the estimated time displayed on the Application and no later than 24 hours from the time the item is accepted. For inter-provincial and intra-regional delivery (postal items with receiving and delivery addresses in 02 provinces and cities in the same North/Central/South region): 2-3 days. For inter-provincial and inter-regional delivery (postal items with receiving and delivery addresses in 02 provinces and cities in two different regions North/Central/South): 3-5 days.

d. For GrabFood (including GrabFood Web), GrabMart: Delivery time will be automatically estimated by the Application based on the geographical distance from the restaurant/store/supermarket to the location provided by User, time of service (peak, off-peak hours) and factors such as weather, etc. and displayed to Users and Third Party Providers. Delivery time may be changed, delayed, depending on the User or Third Party Supplier, Delivery Partner or affected by external factors, force majeure events, etc.

31.1.2. Geographical restrictions on delivery of goods or provision of services:

a. For GrabBike, GrabTaxiGrabCar and GrabExpress Truck/Van: Passenger transportation services through the Application are provided nationwide.

b. For Top Up, GrabRewards and Gift Cards – GrabGifts: There are no geographical restrictions.

c. For GrabExpress (including GrabExpress Tricycle, GrabExpress Web): Services are provided within the scope of registration and licensing.

d. For GrabFood and GrabMart: Services are provided nationwide.

31.2. Goods verification policy: Grab applies goods verification policy for GrabFood, GrabMart and GrabExpress services. At the time of receiving goods, Users can check the appearance of parcels, products, and dishes (collectively, “Goods”) to ensure that the Goods are delivered with the correct type and quantity as information in the order before receiving the Goods and/or payment to the Delivery Partner. Upon verification, Users are not permitted to try the Goods.

31.2.1. If the Goods match the order, User receives the items and/or pays the Delivery Partner for the Goods and/or shipping fees

31.2.2. If the Goods do not match the order, User can decline to accept the items and contact Grab to arrange for a return or refund. Refunds and returns will be processed in line with the guidelines listed below.

31.3. Return policy: Currently, Grab applies the return policy for GrabMart service as below. In case of implementing a return policy for other Services, Grab will notify Users by appropriate methods.

31.3.1. Returnable scenarios include: incorrectly delivered Goods; subpar Goods; defective Goods; and/or other cases notified by Grab to the User from time to time and not contrary to the law.

31.3.2. Return process:

a. Within 24 hours from the completion of the order, User must communicate the request to return the Goods in one of the following ways: (i) contact Grab by accessing the “Help Center” section right on the Application to text support staff directly, or call Grab switchboard directly, (ii) send feedback to help.grab.com, or Grab’s Facebook social networking site official https://www.facebook.com/GrabVN, or (iii) from the Application as soon as possible after each trip, and/or (iv) other forms announced by Grab and not contrary to regulations law. After this time, Grab will no longer accept returns.

b. Within 24 hours of receiving feedback from User, Grab shall forward User’s request to the relevant Third Party Provider so that the provider can verify the return request. After that, Grab will contact User to let them know that the provider will get in touch with them directly and request a return.

c. Within 24 hours of receiving Grab’s notification of User’s return request, the Third Party Provider will proactively contact the User and take necessary actions to resolve the issue, including working with the user to decide on the type, time, and method of return.

31.4. Refund policy:

31.4.1. Refund cases:

a. Goods are lost or damaged during transportation, Goods are wrong/missing compared to the order, Goods are defective/poor quality/not working/used/different from description/fake.

b. The Delivery Partner collects cash for orders paid via card/ e-wallet or collects money exceeding the amount displayed on the Application, the User has paid for the Goods but the Delivery Partner does not deliver the goods.

c. Other cases notified by Grab apply to Users from time to time and do not violate the law.

31.4.2. Refund process

a. Within 48 hours of the refund case occurring, User must communicate the request to refund in one of the following ways: (i) contact Grab by accessing the “Help Center” section right on the Application to text support staff directly, or call Grab switchboard directly, (ii) send feedback to help.grab.com, or Grab’s Facebook social networking site official https://www.facebook.com/GrabVN, or (iii) from the Application as soon as possible after each trip, and/or (iv) other forms announced by Grab and not contrary to regulations law.

b. Within one (01) to five (05) working days of receiving a refund request from the User, Grab will notify the User’s refund request to the relevant Third Party Provider and/or Delivery Partner. This allows the Third Party Supplier and/or Delivery Partner to check and verify the content, and/or ask the User to submit relevant documents and information to validate the issue.

c. Following the completion of the information’s verification and checking:

(i) If a refund is applicable, Grab notifies the user so they can verify details and continue with the refund using the procedures listed below within five workings days of User’s request being received. It should be noted that the time it takes for the User to receive money in the event of a refund via bank account/ credit card/ debit card depends on how long each card-issuing bank takes to process transactions.

(ii) If a refund is not applicable: Grab notifies User with the processing results.

31.4.3. Refund method: Transfer via e-wallets or transfer via User’s bank account/ credit card/ debit card, send voucher to the GrabRewards section of User’s Grab account and/or other methods other as agreed between Grab and the User.

31.5. Product warranty/maintenance policy: Not applicable.

Section B – Additional Terms

A. GrabFood

1. For GrabFood Users:

1.1. The Application allows you to place orders for food and beverage from food and beverage providers (“GrabFood Merchant”), for such orders to be delivered to you by third party delivery service providers (“Delivery Service Providers”). Grab does not own, sell or resell any food and beverage items and does not control the GrabFood Merchants, the Delivery Service Providers or any services provided by them. You understand that any order that you place shall be subject to the product availability and location serviceability of the GrabFood Merchants and/or the Delivery Service Providers.

1.2. All food order and delivery bookings placed on the Application (“Food Order”)are treated as confirmed. You shall not be entitled to cancel your Food Order once you have received a confirmation. If you cancel your Food Order after it has been confirmed, you remain liable to pay the delivery fee in full regardless of whether the order has been prepared by the GrabFood Merchant. It’s your liability to pay the Food Order value in full where (i) cancellation is made by you after the GrabFood Merchant starts food preparation or (ii) you do not show up at delivery or (iii) you are unreachable physically or via phones after 10 minutes as from the Delivery Service Provider arrives the destination designated by you via Application. Grab reserves the rights to withhold any unsettled delivery fee in any method of payments that Grab deems so appropriate.

1.3. Upon your successful completion of placement of a Food Order, the GrabFood Merchants and/or the Delivery Service Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Grab is not involved in and will not be responsible for any separate arrangement between you and the GrabFood Merchant and/or Delivery Service Provider regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.

1.4. Grab, the GrabFood Merchant and/or Delivery Service Provider may not to process your Food Order in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered. The Delivery Service Provider may refuse to deliver your order if it is not packed well or if it is too large or heavy to transport.

1.5. The prices of food and beverage items reflected in the Application are determined solely and be fully liable by the GrabFood Merchant and are listed for information only.

1.6. Prices of food and beverage items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the GrabFood Merchant, be incorrectly reflected and in such an event the GrabFood Merchant may cancel your order(s). The GrabFood Merchant shall be solely responsible for any warrantee/guarantee of the food products sold to you and in no event shall be the responsibility of Grab.

1.7. If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the booking. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage item may be rounded and will be set out on the check out page for your booking. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. Pursuant to arrangement or agreement between you and the GrabFood Merchant and/or Deliver Service Provider pursuant to Clause 1.1.3 above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, Grab reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.  

1.8. The GrabFood Merchant shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you.

1.9. You are responsible for ensuring that the details entered by you in respect of the Food Order on the Application are accurate and complete. Grab shall not be liable in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Application.

1.10. After the delivery of the food and beverage items, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.

1.11. If applicable, by placing an order for beer or alcohol (“Alcohol Order”) from any GrabFood Merchants, you warrant you are at (i) at least eighteen (18) years old; and (ii) you fully understand that drinking beers or alcohols can harm your health. In the event you are not the end consumer of the Alcohol Order, you hereby warrant that the person who collects and consumes the orders (the “Recipient”) will always at least eighteen (18) years old.

1.12. The GrabFood Delivery Service Providers shall have the right to request your / Recipient’s ID for age verification, or to refuse to deliver any Alcoholic Order to any person who at the time of delivery or collection of takeaway does not appear to be at least eighteen (18) years old; or to any person who is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that Grab, the GrabFood Merchant, GrabFood Delivery Service Providers shall not be liable to make any refund for payment already made to you.

1.13. In the event you are under eighteen (18) years old, you hereby agree the legal consequences will be at your own risk and responsibility, and agrees to indemnify, defend and hold harmless Grab, the GrabFood Merchant, GrabFood Delivery Service Providers, or any of Grab’s third party service providers, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners (“Indemnified Party”),  from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to any action in attempting to deceive, manipulate, conceal from Grab, the GrabFood Merchant, GrabFood Delivery Service Providers, in relation to inaccuracy or breach of its representations, and/or its beach of any law or any rights of a third party, including but not limited to the aforementioned minimum age limit.

2. For GrabFood Merchants:

2.1. SERVICES AND ORDER EQUIPMENT

2.1.1. In consideration of the Service Fee, Grab shall

(a) make available to Merchant the Grab App and the Account in order to enable and facilitate: (i) End Users’ purchase of Meals provided by Merchant; (ii) Merchant’s access to on-demand delivery and logistics services by Delivery Partners and the matching of Merchant with such Delivery Partners in order for Delivery Partners to perform delivery or logistics services in relation to Meals sold by Merchant; and

(b) provide lead generation and other related arrangements in connection with Clause (a) above,

(the “Services”).

2.1.2. Merchant agrees that Grab is a technology company providing GrabFood on the Grab App only and GRAB providers a platform for Merchant to connect with Delivery Partners. As platform provider, GRAB has no obligation to process, prepare and deliver Meals and GRAB shall not be involved in any agreements, terms and conditions or rights and obligations between the End User and Merchant.

2.1.3. Merchant shall install any equipment reasonably if so required by Grab for Merchant to receive orders for Meals (including, without limitation, a tablet, or other automated, electronic means of receiving orders) (“Order Equipment”). Any Order Equipment provided by Grab will remain Grab’s sole property and shall be used solely for purposes related to fulfilling Merchant’s responsibilities under this Agreement.

2.2. PARTIES’ OBLIGATIONS

2.2.1. Grab’s obligations

(a) Grab will present and keep updated on the Grab App the Restaurants information and Meal information offered by Merchant, to the extent that such information and updates are communicated to Grab by Merchant in a timely manner.

(b) Grab will ensure that, when an order for a Meal is placed by an End User via the Grab App, such order will be communicated to the Merchant.

(c) To the extent as permitted by law and as hereby authorized by the Merchant, Grab may receive the End Users’ payments for such Meals as prepared and reimburse such payments to the Merchant on the terms and conditions hereunder.

(d) Grab will facilitate the management of customer service and complaints of the End Users and transfer the relevant information to the Merchant for handling the complaints initiated by the End Users.

2.2.2. Merchant’s obligations

(a) Merchant shall provide Grab with all information and updates on the Restaurants and Meals as necessary to enable Grab to fulfill its obligations under Clause 2.2.1. Such information must be complete, accurate and up-to-date at all times and includes but is not limited to Merchant’s menu, logo, images of Meals, prices, and Merchant’s company particulars.

(b) Changes to information provided under Clause 2.2.1 shall be communicated by Merchant to Grab immediately (and in any event no later than 1 Business Days after such change occurring). Notwithstanding the foregoing, Merchant shall honour all Meal orders made in reliance of any information (even if outdated) published on the Grab App.

(c) Merchant shall verify the information published by Grab and immediately point out any mistakes or inaccuracies.

(d) Merchant shall ensure that all prices of Meals offered on the Grab App are identical to the prices offered by Merchant to customers through any other platform, channel or facility (including but not limited to delivery platforms, channels or facilities of Merchant and/or third parties).

(e) If there is any change to Merchant’s business and/or operating licenses, Merchant shall communicate such change to Grab immediately (and in any event no later than within 24 hours of such change).

(f) Merchant shall allow Grab and shall assist Grab to place any marketing materials relating to GrabFood and its related information, and any other products and services provided by GRAB and/or its Affiliates if so required by Grab at the Restaurants’ premises or any other place of business of Merchant, without any charge to Grab.

(g) Merchant shall ensure that all information published on the Grab App relating to Merchant, Restaurants and/or Meals is in compliance with all legal and regulatory requirements.

(h) In the event where Merchant amends any content of a Meal Order placed by an End User, Merchant shall ensure that by amending such content:

i./ Merchant have obtained the prior consent or acceptance from the affected End User; and

ii./ Grab is not involved in and will not be responsible for the amendments made by Merchant, though Grab reserves the right to (but is not obliged to) carry out Rectification Measure(s) (as defined in the Terms of Use) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.

(i) Merchant shall ensure that any and all information provided by Merchant to Grab does not violate any third party’s Intellectual Property Rights.

(j) Merchant shall process all orders with all reasonable care and as soon as they are submitted by the End User. Merchant shall prioritise orders made through GrabFood. Orders shall be fulfilled and be ready for collection by the relevant Delivery Partner within the pre-agreed timeframe.

(k) Merchant shall use best efforts to maintain sufficient inventory of all advertised Meals at all times.

(l) Merchant shall ensure that, throughout all Meal menu operating hours, the Order Equipment is turned on and kept online and available to receive and process orders for Meals.

(m) Merchant shall ensure that all Meals offered are of high quality and their storage, production and preparation comply with all relevant food safety and other regulations. Any violations of such regulations shall be notified by Merchant to Grab immediately. Merchant shall be responsible to handle and resolve all food safety complaints and issues raised by End Users (including, if necessary, processing and satisfying claims under Merchant’s relevant insurance policy/ies).

(n) Merchant shall take all necessary or desirable actions to facilitate Delivery Partners’ collection of Meals.

(o) Merchant shall ensure that it shall not sell illegal items or any items that Merchant does not have permission or licence to sell or send.

(p) Merchant hereby authorizes Grab to receive the End Users’ payments of Meals in accordance with laws.

(q) Merchant acknowledges and agrees that the End Users may make payment of the Meals by cash, debit cards, credit cards, wire transfer, internet banking, online payment, or other pre-paid or post-paid methods which may be made available on the Grab App at the sole discretion of Grab from time to time. In case Grab provides any payment method which may facilitate the End User to pre-pay for the, inter alia, Meals, Merchant hereby acknowledges and agrees that Grab shall be fully entitled to any interest and/or benefits arising out of such prepaid amounts made by the End User (where applicable) in accordance with the terms and conditions of each payment method provided by Grab at its sole discretion from time to time.

2.3. MARKETING AND PUBLICITY

2.3.1. The Parties may conduct marketing and advertising activities in relation to the Meals as mutually agreed by the Parties. Such activities may be through various channels such as social media channels, websites or blogs. For avoidance of doubt, Grab may at its own costs provide promotion offers for the Users to promote the business activities and Services of the Parties provided hereunder.

2.3.2. On an ongoing basis, Merchant shall share with Grab its marketing calendar and plans (including but not limited to the discounts and promotion details), for the mutual exploration of marketing and advertising activities.

2.3.3. Neither Party shall issue any press release or announcement or otherwise refer to the other Party in any manner with respect to this Agreement or otherwise, without the prior written consent of such other Party.

2.4. FEES AND CHARGES

2.4.1. New Merchant Package and Service Fee: In consideration of Grab’s activation and provision of the Services under this Agreement, Grab shall charge Merchant an New Merchant Package and the Service Fee. For the avoidance of doubt, the Merchant is not allowed to charge any charge (which is not shown on the Grab App) to the User.

2.4.2. Delivery Fee: In no event shall Merchant charge delivery fees to any User.

2.4.3. Remittance to Merchant: Grab shall remit to Merchant the total (i) Meal Payment (including any VAT collected on Merchant’s behalf) earned by Merchant, (ii) less (1) until Merchant has paid the full New Merchant Package, the New Merchant Package (or a portion thereof) and (2) any refunds given to Users (such final remitted amount being the “Meal Revenue”). The Meal Revenue will be remitted on a weekly basis or (if decided by Grab from time to time) on a more frequent basis. “Meal Payment” shall mean the Retail Price of the Meal(s) sold by Merchant via the Grab App (including any VAT collected on Merchant’s behalf) less the applicable Service Fee.

2.4.4. Refunds to Users: Merchant shall be responsible for all costs related to reimbursement to Users in the event any such User(s) request a refund for or raises a complaint in respect of any Meal(s) or part thereof (including, without limitation, any costs associated with retrieving any such Meal(s), if applicable), upon (i) valid request by the Users of refund or raising of a complaint by the Users or (ii) confirmation by the Delivery Partner of the request . For clarity purposes, Grab shall have the authority to evaluate and verify any refund requests from Users and, depending on the context of each case, decide whether or not to contact with the Merchant in compliance with applicable consumer protection laws. Refunds to Users may including but not limited to Meals being out-of-stock, missing Meal items, Merchant being unable to fulfil all/part of an order, late preparation/delivery, Meals are damaged or have technical errors leading to unusability, and health and safety issues with Meals, etc. Grab may deduct refunds from the payments made to Merchant under this Agreement.

2.4.5. Payment/Remittance Method: All payments and remittances under this Agreement shall be affected through such payment/remittance arrangements as may be separately agreed between Grab and Merchant. In addition, Merchants may receive reimbursement for Orders canceled by Users and/or Delivery Partners where the canceled Orders must meet certain conditions (specified by Grab, from time to time). The refund amount will be the full value of the Order (or another value notified by Grab to the Merchant, depending on the specific time), minus the Service Fee and costs arising from the Merchant’s promotional program (includes shipping discount). The maximum number of reimbursements will be determined by Grab at its sole discretion, depending on each specific time.

2.5. Creation and Monitoring of Self-funded Campaign

You may be able to create a campaign or participate in promotion(s) (hereinafter collectively referred to as “Merchant Funded Program”) suggested by us via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the Merchant Funded Program. In the course of such creation, you may be required to indicate information such as the type of your Merchant Funded Program and its proposed duration. The type of the Merchant Funded Program which you may choose from in the Form may be varied from time to time at Grab’s sole discretion.

By creating the the Merchant Funded Program using our tool(s) on the Application, you accept the following additional general conditions:

2.5.1. Where you are submitting any information via our Application or otherwise to us on behalf of your employer, you warrant that you are duly authorized to bind your employer to make such offer. For the avoidance of doubt, any reference to ‘you’ in this Agreement shall also refer to your employee(s). 

2.5.2. Any information you input into our Application where required or otherwise provided to us must be complete, truthful, accurate and not misleading.

2.5.3. Your intention to conduct campaign via our Application must be genuine and must not be conducted in a manner which may be misleading to the end consumers or users. You shall indemnify us in the event where we incur any losses or damages pursuant to the campaign you created via our Application.

2.5.4. Depending on the type of campaign elected by you, the way in which we may facilitate the campaign may differ. You agree that it is your responsibility to review any and all information made available by us on the Application for information on how each type of campaign be facilitated on our systems. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating any campaign using our Application. By creating a campaign using our Application, you irrevocably agree to the way in which the campaign will be facilitated automatically via our systems.

2.5.5.You shall be responsible to directly handle any complaints or enquiries from end users/consumers in respect of the campaign.

2.5.6. You shall be responsible to make a promotion notification or promotion registration with the competent authorities as requested by laws before creating a campaign on our Application.

2.5.7. In the event where you would like to end a campaign earlier than the duration which you have specified in the Application or if any of the item under the campaign has become out of stock prior to the expiry of the said duration, you must immediately indicate the same via our Application in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the campaign and remain responsible to handle any enquiries or complaints from end users/consumers on the same.

2.5.8. Notwithstanding any provision otherwise and in any event, the successful creation of the campaign using the Application does not indicate our approval that the campaign is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the campaign is, and will be conducted, in accordance with the applicable law.

2.5.9. While we do not supervise or monitor the campaign created by you, we reserve the rights to (but are not obliged to) cancel the campaign created by you via the Application.

2.5.10. We may make available to you information relating to the campaign creating using our Application, such information is considered as part of the content of the Application and is subject to Clause 5 below.

2.5.11. You must pay any and all costs and expenses in connection with the campaign in the manner as we may specify.

2.5.12. You must notify us immediately if your Account has been used without your authorization to create a campaign or otherwise use any of the features on the Application or where any other breach of security has occurred. In such event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred under the campaign created using your Account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your Account.

2.5.13. You agree that any discounted price payable to you by end users/consumers pursuant to the campaign you created may be rounded in accordance with our internal policies as we may update from time to time.

2.5.14. Advertising activities are provided by Grab Vietnam Co., Ltd. and/or any legal entity having an advertising business as prescribed by law, as designated by us from time to time. 

2.5.15. You agree that, during Merchant Funded Program, we reserve the right to amend the scheme provided that such amendments do not change the cost(s) which you are responsible for us (compared to the cost you previously registered/approved), including but not limited to adjusting the name of the promotional code, minimum order value to apply the promotional code, the amount co-funded by Grab (if any). We will notify you by appropriate means before making these change(s).

2.5.16. Creation and monitoring of self-funded marketing activities is a self-serve service available in the Marketing Manager Services platform. In the event you choose to utilize such self-serve services, you shall comply and be subject to the terms stipulated under the Marketing Manager Service Terms.

2.6. E-commerce Package
E-commerce Package is service offerings of Grab (the “Service”) where merchants (you) will be able to enjoy certain rights and privileges by joining or otherwise indicating interest to the same via the Application and/or Platform, subject to the terms and conditions herein.

2.6.1. You will be deemed to have consented to the Terms of Use as may be amended from time to time when you request to register or otherwise join an E-commerce Package via the Application and/or Platform or when you use the Service via the Application. If you do not agree to the Terms, please do not continue using the Application or the Service. Your continued use of or participation in the E-commerce Package(s) and/or Service after any changes or updates to the Terms of Use, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Terms of Use.

2.6.2. In addition to the above, by requesting to join or otherwise register for an E-commerce Package (“Registration Request”), you agree that you have read and understood the E-commerce Package offer details as provided in the Application and/or Platform, which shall include but is not limited to (i) information relating to the campaign description, (ii) the relevant duration, (iii) the service fee during the campaign period, (iv) the eligible outlets, (v) the pertinent funding obligation(s) and cost, (vi) any specific method of deduction and the included marketing assets. You agree and understand that your Registration Request(s) shall be subject to approval by Grab, and will thereafter serve as a supplement document / side letter / amendment and/or other forms of document thereto, and will be deemed as an integral and inseparable part of your existing contract with Grab.

2.6.3. In order to provide the Services to you, Grab may carry out activities, such as launching promotions, campaign/marketing investments and initiatives, and/or any other initiatives from time to time to the extent it deems necessary in connection with the Services, whether it be a combination of activities or a specific activity, on your behalf. You agree and hereby authorise Grab to do so as well as use your intellectual property (such as logo) for the purposes of such Services.

2.6.4. You agree that any amounts payable to Grab may be subject to all prevailing statutory taxes, charges and or costs as may be in force and any new taxes that may be introduced at any point of time, and you shall be liable for any such taxes on any amount pursuant to the E-commerce Package(s) and/or Service(s).

2.6.5. You may request to terminate an E-commerce Package via such means as Grab may make available for such purpose from time to time (“Termination Request”). Such Termination Request shall be subject to approval by Grab. Unless and until the date on which you receive a confirmation from Grab that the Termination Request is successful, you shall remain liable for any amounts payable to Grab.

2.7. Submission of Content or Information

2.7.1. We do not claim ownership of any content or information that you upload on our Application or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such license.

2.7.2. Via the Application, we may provide you with an option to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by user(s) in order to facilitate the Service(s) including without limitation detail(s) of an order placed by a user. You acknowledge that any such content or information may be made available in real time to end customers via an application operated by us or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the end customers in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you to us (via the Application or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by user(s) such as an order placed by a user, you further agree that by amending such content, (1) you have obtained the prior consent or acceptance from the affected user; and (2) Grab is not involved in and will not be responsible for the amendments made by you, though Grab reserves the right to (but is not obliged to) carry out Rectification Measure(s) (as defined below) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.

2.8. Personal Data

Without prejudice to the foregoing, information which you have submitted to us for your registration as a merchant on our systems, which may include your personal data as described in the Privacy Notice, may be linked to the account on the Application or in the course of carrying out Services on this Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our products and services in the Application. Your use of the account and the Application may be monitored by us or a third party service provider to provide you with information on your business and Account.

You further agree that any personal data you receive via the Application shall only be used for the direct and specific purpose for which you are provided the personal data; and shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a user via the Application for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

2.9. Hyperlinks

You must obtain our prior written approval if you wish to link to or make use of any content on our Application. In this regard, you may send us a formal request by way of email for our consideration. For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Application for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Application (a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (b) in any website which prohibits such linking or will in any way prejudice or compromise our reputation or integrity. We reserve the right to withdraw linking permission without notice. The Application must also not be framed on any other site.

2.10. AI-Generated Item Descriptions

By using the AI-Generated Item Descriptions feature, you accept the following terms and conditions:

2.10.1. Accuracy of AI-generated Description: Grab does not represent or warrant that AI-generated descriptions of menu items will be error-free. AI-generated descriptions are generated by algorithms and might not always accurately reflect the actual ingredients, preparation process, quality, dietary suitability or other characteristics of the products. Specifically, while every effort is made to accurately represent the description of the products, Grab cannot ensure that AI-generated descriptions will be completely accurate. To ensure the information generated by AI technology is suitable for your products, you review and proactively adjust or request Grab to adjust these inappropriate descriptions. Any errors or inaccuracies should be corrected by the you before publishing or circulation.

2.10.2. Third-Party AI Service Usage: Grab reserves the right to leverage third-party AI services for various purposes, including but not limited to, generating descriptions of product menu items, making predictions, and enhancing User experiences. While Grab endeavors to select reliable third-party providers, it makes no representation or warranty regarding the accuracy, reliability, or completeness of services provided by these third parties. Grab shall not be held liable for any errors, inaccuracies, or omissions resulting from the use of these third-party AI services. You agree to take all risk associated with the use of any third-party AI services rests with them, and shall report any issues or concerns related to these services directly to the AI service provider.

2.10.3. No Guarantee of Business Outcome: While Grab uses all reasonable efforts to ensure the accuracy of the AI-generated descriptions, you acknowledge that Grab provides no guarantee that the use of such descriptions will lead to any particular business outcomes, such as increased sales or improved customer satisfaction.

2.10.4. Your Discretion on AI-generated Descriptions: In case you determine that there are inaccuracies, erroneous descriptions, or unsuitability in the AI-generated content, you reserves the right, at its discretion, to delete or remove any AI-generated description by manually editing on GrabMerchant application or contacting Grab via the “Help Center” for support.

2.10.5. Limitation of Liability: In no event will Grab be liable for any indirect, consequential, incidental, punitive, or similar damages arising from the use of or reliance on AI-generated descriptions. This includes, but is not limited to, incorrect descriptions, inaccuracies in dietary information, or inaccuracies related to food allergens. Grab shall not be considered in breach of its obligations or incur any liability to the User if it is prevented from performing its obligations due to events out of its reasonable control, including but not limited to, errors or delays in AI technology performance.

2.10.6. Modification and Updates: You understand that the system shall modify or update inappropriate AI-generated descriptions at any time without prior notice, and shall not be held liable for these modifications or updates.

3. Content of the Application

Without prejudice to any other provisions in these Terms of Use, we may vary, modify or remove any content on the Application without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the rare event where any information on our Application contains any typographical errors, inaccuracies or omissions, we reserve the right to carry out measures such as (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) canceling orders if any information provided to or by you or user(s) (whether via this Application or other related website) at the time the order is placed or amended is inaccurate or if we otherwise are of the view that it is appropriate to cancel your order (“Rectification Measure”), at any time without prior notice (including without limitation after an order has been submitted). Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on our Application; or carry out any other Rectification Measure, except as required by law. For the avoidance of doubt, no specified update or refresh date as shown on the Application or on any related website, should be taken to indicate that all information on the Application or on any related website has been modified or updated; and we shall, in no event, be liable to you or any third party for any losses, damages or consequences arising from (i) any variation, modification or removal of the content on the Application; and (ii) any Rectification Measure taken. 

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT PREJUDICE TO THE OTHER PROVISION OF THESE TERMS OF USE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LOWEST OF (i) THE EQUIVALENT IN VIETNAMESE DONG TO ONE HUNDRED SINGAPORE DOLLARS (SGD $100.00), (ii) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (iii) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 12 MONTHS (IF ANY).

5. Termination

Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a merchant on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued to the other party or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement.

B. GRABMART

1. For GrabMart Users:

1.1. The Application allows you to place orders for goods made available for sale on the Application (“Goods”) from Merchants (“GrabMart Merchant”), such orders to be delivered to you by Third Party Providers. Grab does not own, sell or resell any goods and does not control the GrabMart Merchant, the Third Party Providers or any services provided by them. You understand that any order that you place shall be subject to the Goods availability and delivery location serviceability of the GrabMart Merchants and/or the Third Party Providers.

1.2. All Goods order and delivery bookings placed on the Application are treated as confirmed. You shall not be entitled to cancel your booking once you have received a confirmation. If you cancel your booking after it has been confirmed, you remain liable to pay the delivery fee in full regardless of whether the order has been prepared by the GrabMart Merchant. It is your liability to pay the Food Order value in full where (i) cancellation is made by you after the GrabMart Merchant starts packaging or preparing for the Order or (ii) you do not show up at delivery or (iii) you are unreachable physically or via phones after 10 minutes as from the Delivery Service Provider arrives the destination designated by you via Application. Grab reserves the rights to withhold any unsettled delivery fee in any method of payments that Grab deems so appropriate.

1.3. Upon your successful completion of a booking, the GrabMart Merchants and/or the Third Party Providers may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Grab is not involved in and will not be responsible for any separate arrangement between you and the GrabMart Merchant and/or Third Party Provider regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.

1.4. Grab, the GrabMart Merchant and/or Third Party Provider may not to process your booking in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered.

1.5. The prices of Goods reflected in the Application are determined solely by the GrabMart Merchant and are listed for information only.

1.6. Prices of Goods as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the GrabMart Merchant, be incorrectly reflected and in such an event the GrabMart Merchant may cancel your order(s).

1.7. If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the booking. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted Goods may be rounded and will be set out on the check-out page for your booking. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account.

1.8. The GrabMart Merchant shall be solely responsible for any warranty in relation to, and quality of, the Goods sold to you.

1.9. You are responsible for ensuring that the delivery details entered by you on the Application are accurate and complete. Grab shall not be liable in the event of late delivery or failed delivery of Goods that you order by reason of erroneous delivery details entered by you on the Application.

1.10. After the delivery of the Goods, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the Goods whether caused directly or indirectly by you or any person acting on your behalf. 

1.11. If applicable, by placing an order for beer or alcohol (“Alcohol Order”) from any GrabMart Merchants, you warrant you are at (i) at least eighteen (18) years old; and (ii) you fully understand that drinking beers or alcohols can harm your health. In the event you are not the end consumer of the Alcohol Order, you hereby warrant that the person who collects and consumes the orders (the “Recipient”) will always at least eighteen (18) years old.

1.12. The GrabMart Third Party Providers shall have the right to (i) request your / Recipient’s ID for age verification, (ii) refuse to deliver any Alcoholic Order to any person who at the time of delivery or collection of takeaway does not appear to be at least eighteen (18) years old or (iii) any person who is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that Grab, the GrabMart Merchant, GrabMart Third Party Providers shall not be liable to make any refund for payment already made to you.

1.13. In the event you are under eighteen (18) years old, you hereby agree the legal consequences will be at your own risk and responsibility, and agrees to indemnify, defend and hold harmless Grab, the GrabMart Merchant, GrabMart Third Party Providers, or any of Grab’s third party service providers, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners (“Indemnified Party”),  from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to any action in attempting to deceive, manipulate, conceal from Grab, the GrabMart Merchant, GrabMart Third Party Providers, in relation to inaccuracy or breach of its representations, and/or its beach of any law or any rights of a third party, including but not limited to the aforementioned minimum age limit.

1.14. By selecting the “Best Match” option (“Best Match“), you agree and acknowledge that:

1.14.1 You agree and authorise the GrabMart Merchant to choose a replacement item on your behalf (“Replacement Item”), when your originally selected item (“Original Item”) is unavailable. Upon selecting the Best Match option, you voluntarily and consciously release the responsibility of selecting the Replacement Item to the GrabMart Merchant and accept the Merchant’s discretion in providing a reasonable substitute.

1.14.2 The Replacement Item will be chosen at the GrabMart Merchant’s absolute discretion. The GrabMart Merchant is under no obligation and makes no representation or warranty that the Replacement Item will satisfy any of your specific intended purpose nor cater to your dietary needs, requirements or preferences.

1.14.3 The cost of the Replacement Item may be higher or lesser than the cost of the Original Item. In the event the Replacement Item is priced higher than the Original Item, by accepting the Orders, you agree to pay the Replacement Item price.  The total maximum increase in the value of the order as made by the GrabMart Merchant will not exceed 20% of the Original Item. 

1.14.4 Grab and any of its directors, employees, agents or affiliates are not the related parties in this arrangement between you and the GrabMart Merchant, and therefore shall not be liable for any and all claims, losses, liabilities, expenses, damages, costs, or any similar charges or costs suffered or incurred by you or any third party with the use or consumption of the Replacement Item chosen by the GrabMart Merchant including but not limited to any and all claims, losses, liabilities, expenses, damages, costs, or any similar charges or costs arising from personal/ bodily injury, foodborne illness, food poisoning, and death. 

1.14.5 To the fullest extent permitted by the applicable laws, the total aggregate liability of Grab and any of its directors, employees, agents or affiliates howsoever arising from or in connection with the Best Match shall not exceed the total value of the Original Item or the Replacement Item, whichever is higher.

1.14.6 If you find the quality, suitability, or condition of the Replacement Item unsatisfactory and seek a refund, Grab will process your request in accordance with Grab’s refund policies. You can refer to our Help Center page for more information.

2. For GrabMart Merchants: 

2.1. General Terms and Representation:

(a) GrabMart Merchant is a licensed seller that wants to sell its commodities, items through GrabMart App and/or Services. Orders for these Goods solicited via the GrabMart App will be transmitted to GrabMart Merchant. GrabMart Merchant is solely responsible for the sale, and controls the transaction, including any decisions concerning acceptance or rejection of any such orders. GrabMart Merchant is responsible for, and controls, the fulfilment of such orders. GrabMart Merchant agrees that Grab does not have any responsibility with respect to the legality of transactions occurring between GrabMart Merchant and the Users.

(b) GrabMart Merchant agrees it will package all items appropriately for delivery by GrabMart Third Party Providers, including any protection necessary to prevent tampering or damage due to any cause, including inclement weather themselves; any labelling required by law, including but not limited to a statement that the package contains alcohol (if required by law) and may only be delivered to a person 18 years or older with valid proof of age and identity. 

(c) GrabMart Merchant warrants that it holds all necessary licences and/or permits to sell Goods through the Application, and shall provide a copy of such licences and/or permits and supporting documents to Grab, as and when requested; 

(d) All information and documents provided to Grab for Goods’ contents uploaded on GrabMart App are true and accurate.

2.2. Creation and Monitoring of Self-funded Campaign or Promotion

You may be able to create a campaign or participate in promotion(s) (hereinafter collectively referred to as “Merchant Funded Program”) suggested by us via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the Merchant Funded Program. In the course of such creation, you may be required to indicate information such as the type of your Merchant Funded Program and its proposed duration. The type of the Merchant Funded Program which you may choose from in the Form may be varied from time to time at Grab’s sole discretion.

By creating the the Merchant Funded Program using our tool(s) on the Application, you accept the following additional general conditions:

(a) Where you are submitting any information via our Application or otherwise to us on behalf of your employer, you warrant that you are duly authorized to bind your employer to make such offer to create a Merchant Funded Program. For the avoidance of doubt, any reference to ‘you’ in this Agreement shall also refer to your employee(s);

(b) Any information you input into our Application where required or otherwise provided to us must be complete, truthful, accurate and not misleading;

(c) Your intention to conduct the Merchant Funded Program via our Application must be genuine and must not be conducted in a manner which may be misleading to the end consumers or users. You shall indemnify us in the event where we incur any losses or damages pursuant to the Merchant Funded Program you created via our Application; 

(d) Depending on the type of the Merchant Funded Program elected by you, the way in which we may facilitate the promotion or campaign may differ. You agree that it is your responsibility to review any and all information made available by us on the Application for information on how each type of the Merchant Funded Program be facilitated on our systems. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating any Merchant Funded Program using our Application. By creating the Merchant Funded Program using our Application, you irrevocably agree to the way in which we will facilitate the Merchant Funded Program; 

(e) You shall be responsible to directly handle any complaints or enquiries from end users/consumers in respect of the campaign;

(f) You shall be responsible to make a promotion notification or promotion registration with the competent authorities as requested by laws before creating a campaign on our Application;

(g) In the event where you would like to end a Merchant Funded Program earlier than the duration which you have specified in the Application or if any of the item under the Merchant Funded Program has become out of stock prior to the expiry of the said duration, you must immediately indicate the same via our Application in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Merchant Funded Program and remain responsible to handle any enquiries or complaints from end users/consumers on the same;

(h) Notwithstanding any provision otherwise and in any event, the successful creation of the Merchant Funded Program using the Application does not indicate our approval that the Merchant Funded Program is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Merchant Funded Program is, and will be conducted, in accordance with the applicable law;

(i) While we do not supervise or monitor the campaign created by you or the promotion you participate in, we reserve the rights to (but are not obliged to) cancel the Merchant Funded Program provided always that you will remain payment obligations to Grab in relation to the aforesaid Merchant Funded Program;

(j) We may make available to you information relating to the Merchant Funded Program, such information is considered as part of the content of the Application and is subject to Clause 1.2.5 below;

(k) You must pay any and all costs and expenses in connection with the Merchant Funded Program in the manner as we may specify;

(l) You must notify us immediately if your Account has been used without your authorization to create a campaign or otherwise use any of the features on the Application or where any other breach of security has occurred. In such event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred under the campaign created using your Account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your Account;

(m) You agree that any discounted price payable to you by end users/consumers pursuant to the Merchant Funded Program you created may be rounded in accordance with our internal policies as we may update from time to time.

3. For GrabMart Third Party Providers:

3.1. You agree that in the event of failed delivery (wherein either the address provided by customer is incorrect or the customer is unable and/or refuse and/or uncontactable to accept the Goods) and returned Goods, you are responsible to deliver/return the Goods back to the Merchant’s locations to which the Goods was handed over to you or to leave the Goods at the premises of the User, subject to confirmation and direction from representative of Grab’s support teams. 

3.2. You undertake to be cautious in dealing with the Goods and to use best endeavor to ensure that the Goods are delivered safely, in the exact manner to which it was handed over to you by the Merchant. 

3.3. You agree that you will cooperate in relation to any criminal investigation that is required and to assist Grab in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.

3.4. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, any User, Grab or any third party as a result of any breach of these Terms of Use.

C. GRABEXPRESS

C.1. Service Quality Management

a. Service Types and Service Completion Time:

– GrabExpress Instant, GrabExpress Instant COD, GrabExpress Instant Food, GrabExpress Instant Bulky, GrabExpress Instant COD Door to Door, GrabAssistant, GrabExpress Instant Seller (COD): For orders within 05 km and with 01 delivery point: Within 30 minutes from the moment the driver partner accepts the shipment from the sender; For orders over 05 km or with more than 01 delivery point: Within 30 minutes from the moment the driver partner accepts the shipment from the sender for the first 05 km and 01 first delivery point, each additional km is charged an additional 06 minutes; each additional delivery point is charged an additional 15 minutes.

– GrabExpress Instant Saver, GrabExpress Instant Saver Seller: Within 02 hours from the moment the driver partner accepts the shipment from the sender for orders under 06 km. For orders over 06 km, delivery will be made on the same day.

– GrabExpress Same Day: Within 04 hours from the moment the driver partner accepts the shipment from the sender.

b. Reception and resolution of customer complaints regarding postal service quality:

GrabExpress Department

Email: express.vn.support@grabtaxi.com

Contact address: Mapletree Business CentreBuilding, 1060 Nguyen Van Linh, Tan Phong Ward, Ho Chi Minh City

c. Complaint reception timeline (Complaint Duration):

– 06 months, from the end date of the shipment completion time for complaints about lost shipments, delayed shipment compared to the announced completion time.

– 01 month, from the date the shipment is delivered to the recipient for complaints about missing, damaged shipments, pricing, and other directly related content to the shipment.

d. Complaint resolution timeline: Within 7 working days from the date of receiving the complaint.

e. Reception and resolution process of customer complaints regarding postal service quality:

Step 1: When an incident occurs, customers send complaints to the Company through the Company’s email address express.vn.support@grab.com.

Step 2: Within 02 working days from the date of receiving the complaint, the Company responds to the customer about (i) the Company’s receipt of the complaint, (ii) the information/documents that the customer needs to provide or supplement to have a basis for complaint resolution, and (iii) the corresponding processing time for each type of complaint.

Step 3: Within 02 working days from the date of receiving the Company’s request, the customer provides or supplements relevant information, documents. For clarification, the Company reserves the right to extend the complaint processing time if the customer does not provide sufficient information as requested.

Step 4: Within 03 working days from the date of receiving complete documents provided by the customer, the Company checks information, documents, and performs tasks to verify the incident, identify violations, determine errors, identify damages, and determine corresponding compensation/indemnity in accordance with the Company’s compensation policy and the provisions of the postal service supply contract signed with the customer.

Step 5: Within 02 working days from the date of completing the complaint handling request, the Company informs the customer of the complaint handling result and remedial measures (if applicable).

f. Customer support information:

In case of needing assistance, customers can contact Grab through the following means: submit feedback through the integrated Help section on the Application, submit feedback to help.grab.com, or the official Facebook page of Grab, or through the Application after each trip and/or other means not contrary to law. The responsible department will promptly guide, answer questions, and handle customer requests.

C.2: Regulations Related to Services

1. For Users

1.1. You shall not send any delivery item containing any of the following:

a. Goods with unidentified/unproven value (including but not limited to: documents, contracts, etc.);

b. Drugs, stimulants;

c. Precious metals (gold, silver, etc. in the form of bars, coins, etc.);

d. Hazardous goods;

e. Guns, weapons, ammunition, military technical equipment;

f. Cigarette;

g. Perishable goods (Items whose original conditions or characteristics can be damaged by an excessive change in temperature, humidity or time), excluding flowers and foods;

h. Depraved and reactionary publications, printed matters or documents against public security;

i. Explosive and inflammable items or substances or unhygienic, environmental pollutants;

j. Articles, goods forbidden to be circulated, traded by the government;

k. Live animals;

l. Animal fur;
m. Articles, publications, goods forbidden to be imported to Vietnam;

n. Vietnamese currency, foreign currency and documents valuable as money;

o. Antiques (fragile);

p. Addictive substances;

q. Mail

r. And other items as regulated by applicable laws or as updated from time to time by Grab Vietnam

1.2. The following service fees may be applicable to the GrabExpress Solution:

Flexible fee schedule when demand is high, based on region, time of day.

(a) GrabExpress Instant

  • Starting price: VND 16,000 or VND 17,000 / first 2 km or 3km depending on the location (province, city) deploying service
  • Each subsequent kilometer: VND 5,500 / km
  • Fee incurred for each subsequent stop: VND 3,000/stop
  • Additional service fee: VND 3,000
  • Night surcharge: 10,000 VND/trip for booking between 23:00 – 6:00
  • Delivery guarantee fee (depending on your choice)
    • Basic: included in service fee
    • Standard: VND 4,000/ order
    • Premium: VND 10,000/ order

(b) GrabExpress Instant COD 

  • Starting price: VND 16,000 or VND 17,000 / first 2 km or 3km depending on the location (province, city) deploying service
  • Each subsequent kilometer: VND 5,500 / km
  • Surcharge: VND 5,000
  • Additional service fee: VND 3,000
  • Fee incurred for each subsequent stop: VND 3,000/stop
  • Night surcharge: 10,000 VND/trip for booking between 23:00 – 6:00
  • Delivery guarantee fee (depending on your choice)
    • Basic: included in the service fee
    • Standard: VND 4,000/ order
    • Premium: VND 10,000/ order

(c) GrabExpress Same Day

  • Fixed fee for each package delivery equal or less than 5km: VND 20,000
  • Fixed fee for each package delivery over 5km to 10km: VND 22,000
  • Fixed fee for each delivery over 10km to 15km: VND 31,000 
  • Fixed fee for each delivery over 15km to 20km: VND 37,000 
  • Fee incurred for each subsequent stop (from 20km up to under 30km): 4,000 VND
  • Additional service fee: VND 3,000
  • Fee incurred for each subsequent stop: VND 3,000/stop
  • Delivery guarantee fee (depending on your choice)
    • Basic: included in the service fee
    • Standard: VND 4,000/ order
    • Premium: VND 10,000/ order

1.3. You represent and warrant that you are either the owner or authorised representative of the owner of the delivery item, and that you are authorised to accept and you accept these Terms of Use for yourself or as a representative acting for and on behalf of the owner of the delivery item.

1.4. You are responsible for ensuring that the delivery details (e.g. recipient’s name, contact details and delivery address) entered by you on the Application are accurate and complete. Grab Vietnam shall not be liable in the event of late delivery or non-delivery of delivery items by reason of erroneous delivery details entered by you on the Application.

1.5. You represent and warrant that you are duly authorised by the recipient of the delivery item to provide the recipient’s details (e.g. name, contact details and delivery address) to Grab Vietnam and the Third Party Provider (whether by way of your entering such details on the Application or otherwise).

1.6. You represent and warrant that the description and specific details of the delivery item which you provide are accurate and complete. Before delivery commences, you must inform the Third Party Provider of any specific precautions which should be applied to the handling of the delivery item in accordance with its nature.

1.7. Goods and postal items will be delivered to the address at the user’s request up to 2 (two) times. For goods that are canceled, not received, or unable to contact the recipient, Grab Vietnam will notify you and you must pay an additional 100% of the original freight for the return. For goods and postal items that the recipient refuses to receive and the sender also refuses to take back or cannot return to the sender, the postage rejected will be handled according to the provisions of Joint Circular No. 18 / 2015 / TTLT-BTTTT-BTC dated July 17, 2015 of the Ministry of Information and Communications and the Ministry of Finance on instructions for handling unclaimed postal items.

1.8. Grab Vietnam and/or the Third Party Provider has the right to open and inspect the delivery item without prior notice to you based on any reasonable suspicion that the delivery item may contain or constitute non-compliant or prohibited items as referred to in the above-mentioned provisions herein and Grab Vietnam and/or Third Party Provider has the right to refuse the receipt and delivery of such delivery item.

1.9. You represent and warrant that the delivery item has been packed by yourself personally, is properly and sufficiently prepared, packed, stowed, labelled and marked in a manner that is appropriate to any operations or transactions affecting the delivery item and the characteristics of the delivery item.

1.10. You must give full and feasible instructions to the Third Party Provider. If your instructions are incomplete and feasible, the Provider may refuse delivery.

1.11. You are solely responsible for the delay of discharge or loss, damage, contamination, contamination or confiscation before, during or after the carriage of the goods (including but not limited to the container ) or to any individual or organization referred to herein which is directly or indirectly affected by you or any individual, organization or employee, representative or contractor establish on behalf of or represent one of these individuals and organizations.

1.12. For shipping services with multiple destinations, the you must pay the return fee to the sender after unsuccessful delivery of VND 25,000 / delivery location / order.

1.13. You acknowledge that in the ordinary course of delivering your item, the Third Party Provider may disclose your details to the recipient upon request. To the extent that you do not wish for this to take place, you may inform the Third Party Provider via the Application at the point of making your booking. You acknowledge and understand that you remain liable to pay the delivery booking fee in full in the event that the recipient refuses to take receipt of your item as a result of your decision to remain anonymous.

1.14. As a general rule you shall not be entitled to cancel your booking once you have received confirmation of the same. If you cancel your booking after it has been confirmed, you remain liable to pay the delivery booking fee in full. You remain liable to pay the delivery booking fee in full where the recipient whom you indicated in the Application is unreachable physically or uncontactable after 5 minutes from the time that the Third Party Provider arrives at the designated delivery location. Grab Vietnam and the Third Party Provider will have the right to not proceed with your booking in the following circumstances:

(a) where the requested delivery location falls outside the delivery zone offered on the Application;

(b) failure to contact you by phone or other means at the time of confirming the order booking;

(c) failure to deliver your order due to lack of information, direction or authorisation from you at the time of delivery; or

(d) the recipient whom you indicated in the Application is unreachable physically or uncontactable, after 5 minutes from the time that the Third Party Provider arrives at the designated delivery location.

1.15. Third Party Providers have the right to refuse delivery if the delivery item falls within the categories listed above.

1.16. In case the Third Party Provider damages / loses the goods, the amount of compensation will be determined and considered on the basis of the actual value of the goods at the time of the loss but not exceeding the maximum compensation of each package that you have chosen, detail as below: 

  • Basic: Up to VND 3,000,000 
  • Standard: Up to VND 15,000,000
  • Premium: Up to VND 30,000,000 

1.17. For goods in the form of documents, vouchers, drawings, other papers other than stamps, bonds and papers of monetary value: compensation value shall be determined on the basis of the cost of recovering and reproducing such goods but not exceeding VND 1,000,000 for each case.

1.18. You are responsible for complying with the provisions of this shipping condition and is responsible for providing the required information, records and documents in case the goods are damaged / lost. Let Grab perform compensation procedures. The compensation will be paid within 15 working days of receipt of all valid information, records and documents.

1.19. If the time, content and quality of goods are affected by the following factors, Grab Vietnam will be exempt from liability for compensation:

(a) Delivery time is suspended or affected by events that go beyond control and is not related to errors or carelessness of Couriers and cannot be foreseen, unavoidable and cannot be engraved. recoverable despite all necessary measures and the ability to allow and make the courier unable to perform the transportation (“Force Majeure Event”). Force Majeure Events include but are not limited to natural disaster events, civil unrest or violence, war or armed conflict, emergency at the national or local level, action or non-governmental action, types of labor conflicts (not related to affected party employees), fires, floods, lightning strikes, explosions, subsidence, harsh climate and lawsuits or barriers of individuals or organizations that are beyond the reasonable control of that party; and “Force Majeure” when applied to Grab will include internet line crisis and any out-of-control technical incidents that may affect the technical system to support the normal operation of Grab application.

(b) Goods damaged, worn out due to their natural characteristics.

(c) Users provide inaccurate information that affects delivery time.

(d) Confiscated by the state agencies for violating the prohibition of law

1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Third Party Provider, Grab or any third party as a result of any breach of the Terms of Use.

1.21. The time limit for Grab to receive your complaints about the loss of postage and delivery of slow postal items is:

(a) For postal items sent within the province: six (06) months from the end of the whole time (24 hours from the acceptance of postal items);

(b) For postage sent to inter-provincial delivery: six (06) months from the end of the whole time (according to the entire time agreed with the User for each item).

(c) For complaints about impaired or damaged postal items, freight rates and other contents related to postal items, the time limit for receiving complaints is one (01) month from the date the postal items are delivered to receiver.

1.22. All complaints will be handled in accordance with the following process:

(a) Step 1: Respond to Grab Vietnam Co., Ltd. by calling support from in-app “Call Grab” function or submitting support request via in-app Help Center or from help.grab.com, Grab’s official Facebook website, from Grab app right after each ride, and/ or other forms are not against the law.

(b) Step 2: Within two (2) working days, from the date of receiving the complaint, Grab Vietnam will check and verify the complaint information from the customer and the Courier and other related parties. Within seven (7) working days after receiving the complaint, Grab Vietnam’s Customer Care Department will actively contact the Customer to provide a solution to handle complaints in accordance with the commitment of responsibility and limit the liability that Grab Vietnam has made publicly available.

(c) Step 3: In case the complainant disagrees with the resolution and handling measures of Grab Vietnam, the parties will negotiate and mediate to agree on measures to resolve and handle complaints and compensation. In the case of negotiation and conciliation, there is no result, each party can bring the dispute to the Court of competent jurisdiction by themselves.

2. J&T on Grab

By using J&T on Grab delivery service on the Application, you acknowledge and agree that:

2.1. J&T is an independent third party service provider and their terms and conditions shall apply to the J&T on Grab delivery service;

2.2. J&T is solely responsible for the delivery of all items sent using the J&T on Grab delivery service. Grab is not responsible or liable for the acts and omissions of J&T. All disputes or queries regarding the delivery of your items should be taken up with J&T directly;

2.3. all information which you provide in the Application, including your Personal Data, will be provided by Grab to J&T for the purpose of allowing J&T to perform the J&T on Grab delivery service; and

2.4. You will not earn any GrabRewards Points for your use of the J&T on Grab delivery service.

3. GrabExpress Truck/ Van: This is a freight transportation service for large-sized and/or large-volume cargo (with a load capacity of under 1000kg) and/or large dimensions (dimensions with corresponding length-width-height of 1.6m x 1.2m x 1.2m or 2m x 1.5m x 1.5m) to designated addresses by truck/van as regulated in Decree No. 10/2020/ND-CP issued by Government on January 17, 2020, regarding regulations on the business and conditions for conducting transportation by automobile (Decree 10/2020/ND-CP), provided by the transportation service provider (“Transportation Provider“) through the Application. By agreeing to use this service, you agree and confirm that:

3.1. Before the delivery of parcels begins, Users must notify the Transportation Provider of any specific instructions that need to be applied when handing over the parcels based on the nature of the parcels.

3.2. Not to request Third-Party Suppliers to load and transport goods exceeding the permitted weight as regulated by law.

3.3. To arrange goods themselves and/or coordinate with drivers to load and unload goods onto Transportation Provider’s vehicles and bear any resulting costs, as agreed upon between the parties.

3.4. Users undertake to comply with all legal regulations and provisions regarding the nature, conditions, packaging, delivery, storage, and transportation of parcel goods, including goods prohibited by law, hazardous, toxic, or high-risk goods.

3.5. Users must provide complete and feasible instructions to the Transportation Provider.

3.6. Except where the Transportation Provider agrees in writing to pack the goods, Users must ensure that the goods are prepared, packaged, arranged, and labeled fully and appropriately, and ensure that such preparation, packaging, arrangement, labeling, and annotation are suitable for any activities or transactions affecting the goods and their characteristics.

3.7. After the parcels are delivered, Users shall be fully responsible for any destruction, loss, damage, contamination, pollution, or confiscation related to the parcels, whether directly or indirectly caused by the User or any recipient (or any person serving, representing, or acting as an independent contractor on behalf of the User or the recipient).

3.8. Users shall bear all obligations and liabilities for losses, enforcement actions by state agencies concerning goods, or damages borne by the Transportation Provider or any third party as a consequence of violating the transport conditions applicable to customers sending parcels through the application as regulated by law and Grab’s policies.

3.9. Other rights and obligations of Users are stipulated in the contract for the transportation of goods and according to current laws.

D. GRAB FOR BUSINESS

If you are a client using the GFB service, you shall comply with and be subject to the terms stipulated under https://www.grab.com/vn/terms-policies/gfb-terms-and-conditions/

E. GrabRewards

1. “GrabRewards Loyalty Program” is a customer loyalty program applicable to Users of Grab App (the “GrabRewards Loyalty Program” or “GrabRewards”) by offering Users benefits in accordance with the provisions of laws, such as accumulating rewards points for respective spending on goods/services that are subject to rewards points program (“Points”), providing Rewards in form of e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits as may be offered by the Grab and/or GrabRewards Partners (as defined below) as shown on the rewards catalog that is made available from time to time in the Application (“Rewards”).

2. If you are a User who has been granted valid Points and using the Application, you will automatically be a member of GrabRewards.

3. In cases of GrabRewards Partner wishes to participate in GrabRewards in the form of letting their consumers earn GrabRewards Points, GrabRewards Partner shall be responsible for ensuring their respective consumers own an active account on the Application. In all cases, Grab shall only issue GrabRewards Points to valid active accounts on the Application.

Operational procedures of GrabRewards:

4. GrabRewards Loyalty Program is managed by GPay Network Vietnam Limited and/or its affiliate companies herein collectively referred to as “Grab”) for goods and/or services provided by Grab and/or Third Party Provider (“GrabRewards Partner”).

5. GrabRewards Partner agrees and authorizes Grab to list on GrabRewards their goods and/or services and distribute Rewards pursuant to mutual agreement between GrabRewards Partner and Grab (“Third party Agreement”).

5.1. GrabRewards Partner is responsible for providing information about their products, goods and/or services available on GrabRewards, specific terms and conditions thereof and for their obligations under the Services Agreement.

5.2. GrabRewards Partner will be solely responsible for the User’s redemption and use of the Rewards, all goods and services provided with the Rewards and all goods and services redeemed from the Rewards.

6. Procedures for Redemption of Rewards:

6.1. The Rewards will be displayed in the Rewards section on the Application if User is the subject of GrabRewards. The redemption of a Reward is subject to the terms and conditions as agreed and displayed with respective Rewards (“Reward Terms of Use”).

6.2. The Rewards must be redeemed during its respective validity period. There shall be no extension on the predefined validity period of any Rewards. Any claim related to expired Rewards shall not be resolved.

6.3. Users may redeem Rewards by presenting Rewards in electronic form to Redemption Locations (as defined in the Reward Terms of Use) in exchange for products and services of GrabRewards Partner. For Rewards that require an appointment for redemption, Grab may require GrabRewards Partner to provide Grab and/or Users with an appointment schedule and allow Users to book appointments with GrabRewards Partner, which may via Grab and any third-party services designated by Grab. GrabRewards Partner agrees not to apply any additional fees, charges, conditions or restrictions that are contrary to or inconsistent with the Reward Terms of Use regarding Rewards redemption.

6.4. The Rewards cannot be resold, exchanged or transferred for value under any circumstances. The Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

6.5. Grab reserves the right to withdraw, amend and/or alter any part of the Rewards Terms of Use at any time without any prior notice. Grab reserves the right to void, discontinue or disqualify any Users from any promotion or subscription plan without prior notice to any Users in the event a User breaches any part of these Terms of Use.

7. Exchange, return, complain settlement

7.1. The exchange and return of products and services redeemed from Rewards will comply with the current exchange and return policy of respective GrabRewards Partner.

7.2. GrabRewards Partner agrees to return products and services in accordance with applicable laws and Rewards Terms of Use, however, in any circumstances, they shall (i) agree to return, exchange defective, substandard products or services and refund to Users for all or any costs related to return, exchange of such products or services; and (ii) not apply a stricter return, exchange policy than the regular policies applying to other customers under the normal business conditions.

7.3. GrabRewards Partner will be solely responsible for any User’s complaints as well as customer care issues arising out of the redeemed products and/or services, including any issues in connection with the use of Rewards or redemption process or promotion of redemption by the User.

7.4. User who has a complaint or need to redeem or return, exchange a Reward must contact the GrabRewards Partner that directly offers such Reward. After receiving the request for exchange, return, and/or complaints about Rewards, GrabRewards Partner shall use their best efforts to respond to the requested Users and resolve in accordance with their internal policies and regulations. GrabRewards Partner is responsible for announcing the results of handling User complaints, issues about Rewards to Grab, together with the reason for exchange, return, complaint, handling direction, etc., for filing and resolving disputes arising later (if any).  Grab may cross-check the Complaining Users for supervision and inspection. GrabRewards Partner is solely responsible for the losses, damages suffered by the Users using Rewards offered by them if such losses, damages are caused by them.

7.5. Disputes arising between Grab and GrabRewards Partner will be settled on the basis of amicable negotiation and under the Third Party Agreement.

7.6. All disputes arising from the use and redemption of Rewards on the Application between Users and GrabRewards Partner will be firstly resolved through negotiation and mediation. If a dispute fails to be resolved amicably through conciliation, it shall be brought to the Vietnamese competent court to resolve. Grab presents and warrants to support the dispute resolution upon request from the state authority.

GrabRewards Points

8. Earning Points

8.1. Grab shall award GrabUnlimited Members with Points on the basis of value of products and/or services you have purchased at Grab Application.

8.2. The Points are strictly personal and cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Unless otherwise notified by Grab, you acknowledge and accept that Points do not constitute a means of payment and have no monetary value, no matter how they were obtained. No money shall be provided for Points, including lost or unused Points.

8.3. The Points are calculated on a per transaction basis and rounded up to the nearest whole number if the decimal is more or equal to 0.5 Points, and down to the nearest whole number if the decimal is equal or less than 0.5 Points. 

8.4. Grab, at its sole discretion, has the right to determine, amend, modify the terms and conditions of earning and burning GrabRewards Points, including but not limited to: eligible users to earn Points, eligible transactions for earning Points, increase or decrease the rate of Points for each eligible transaction.

9. Points Validity

9.1. Validity of the Points may be decided by Grab from time to time by notifying you or public announcement on Grab App.

9.2. You must burn your Points during their applicable validity period. There shall be no extension of time for the validity period of any unused Points.

10. Burning Points

10.1. If you comply with all these terms and conditions and have the required number of Points, you may select and redeem applicable Rewards on the Application. Upon acceptance and official notification from Grab, Points can be leveraged for discounts when purchasing products and/or services on Grab App and/or those of GrabRewards Partners based on the burning Points scheme notified by each particular GrabRewards Partners from time to time.

10.2. Points that you have successfully redeemed or burnt cannot be exchangeable or returnable.

10.3. Grab may reject your request to redeem, burn Points where there are insufficient Points to redeem, burn for the particular Rewards, or where the Rewards is no longer made available or out-of-stock by the GrabRewards Partners, or where the Points you wish to use for redemption of Rewards or burning have been issued to you in error, etc.

10.4. You may check your Points balance and redemptions made in the Application.

  1. Eligible Member

11.1. The GrabRewards Loyalty Program is applicable to Users who have been registered and successfully paid for GrabUnlimited (“GrabUnlimited Member”/ “Member”).

12. Terms and condition of GrabRewards points programs, i.e, rate of Points, eligible transactions for earning Points, term of Points, etc may be amended and changed by Grab from time to time by announcing through Grab’s media channels, i.e., official website http://www.grab.com or email or message-in-Grab App.

13. Fraud or abuse of redemptions may result in the forfeiture of accumulated Points as well as cancellation of your membership in the GrabRewards Loyalty Program, at Grab’s sole discretion.

Rights and Responsibilities

14. Rights and Responsibilities of Grab

14.1. Grab’s Rights

(a) To issue procedures and conditions applicable to Users, GrabRewards Partners related to the GrabRewards on the Application;

(b) To refuse or suspend or terminate all rights and benefits in relation to GrabRewards of Members and/or GrabRewards Partners in the following cases:

i. Users/GrabRewards Partners provide inaccurate, misleading, incomplete information or violate Vietnamese applicable laws or regulations,

ii. Users/GrabRewards Partners violate this Terms of Use or conduct acts impacting adversely to Grab’s business operations.

(c) To change GrabRewards’ terms and conditions, service fees and other changes from time to time without prior notice to Users, GrabRewards Partners if appropriate.

(d) To the extent as permitted by applicable laws, Grab reserves the right at any time to:

i. vary, modify or amend the terms and conditions of the GrabRewards (including but not limited to Rewards Terms of Use, GrabRewards Loyalty Program);

ii. terminate or modify the terms and conditions of GrabRewards;

iii. revoke, adjust and/or recalculate any Points awarded;

iv. change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;

v. change the earning Points scheme; modify the methods used to calculate the number of Points to be awarded;

vi. modify the qualifications and eligibility for earning Points;

vii. modify activities that can earning Points;

viii. modify the eligible transations that earn Points;

ix. withhold or cease the awarding of Points;

x. modify the qualifying Points or other criteria for membership tier upgrades and renewals;

xi. change or withdraw any benefits related to a particular membership tier; and

xii. will notify Users via the Application or send a message via their registered phone number or email address before the time of application.

(e) Grab may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit and will notify Users via the Application or send a message via their registered phone number or email address.

(f) Grab may at its sole and absolute discretion and without prior notice to Users, reject request to redeem Rewards, burn Points for any reason whatsoever, including without limitation, where:

i./ there are insufficient Points to redeem for the particular Reward;

ii./ the Reward is no longer made available or out-of-stock by the GrabRewards Partners;

iii./ the Points you wish to use for redemption of Rewards or burning have been issued to you in error;

iv./ Grab reasonably suspect that that redemption, burning transaction may be suspicious, illegal, involves any criminal activity or involves Points that have been obtained through dishonest or fraudulent means or abusive behavior.

14.2. Grab’s obligations:

(a) Grab will organize the introduction of products, services and implement the promotions of GrabRewards Partners in accordance with the Third Party Agreement.

(b) Grab is responsible for requiring GrabRewards Partners to provide full and legal responsibility for information related to products and services and to ensure the accuracy and adequacy of information of the products/services which are promoted and used for Promotion.

(c) Deploying and cooperating with its partners, vendors, suppliers in building a system of services and utilities to facilitate transactions of Users and GrabRewards Partners on the Application.

15. Rights and Responsibilities of Users:

15.1. Rights of Users:

Users are entitled to receive and enjoy the benefits of Rewards, GrabRewards Loyalty Programs on the Application under the conditions of the promotions and this Grab Rewards terms of use.

15.2. Obligations of Users

(a) Not to use Rewards, Points on the Application for purposes that are illegal, unreasonable, deceptive, threatening, harming the rights of any individuals, organizations. In the event of violation, they are responsible for their actions before the law. Users shall not commit fraud, abuse and/or commit any dishonest act in connection with the GrabRewards Loyalty Program. In case Grab verifies your violation or suspects that you have committed a violation of these terms, Grab has the full right to apply measures that Grab deems necessary to prevent and handle violations, including but not limited to: revoking, canceling accumulated Points, canceling the User’s membership in the GrabRewards Loyalty Program and/or suspending, restricting, terminating the user account your access or any access rights on the Grab application as determined by Grab.

(b) To be responsible for any taxes, levies, duties, all costs and expenses that arise in connection with the issuance of Points, Rewards to them, their redemption, burning of Points, Rewards and/or the utilization of redeemed Rewards.

16. Rights and Responsibilities of GrabRewards Partners:

16.1. Rights of GrabRewards Partners:

GrabRewards Partners shall enroll for or be engaged by Grab to participate in the GrabRewards, accordingly, their products, services shall be advertised and promoted on the Application.

16.2. Obligations GrabRewards Partners

(a) GrabRewards Partners present and warranty that all information provided to Grab and the information posted on the Application is true, updated, accurate and adequate.

(b) GrabRewards Partners ensure the legality of all products and services which are promoted and/or used for promotion in accordance with Promotion Programs; ensure the validity and availability of Rewards issued and distributed by Grab on behalf of GrabRewards Partners; ensure that products and services redeemed from Rewards must always be available when Users request for redemption.

(c) GrabRewards Partners are responsible for maintaining appropriate facilities (including but not limited to employee training, quality controls and technical equipment) to comply with their obligations set forth herein and the Promotional Services Agreement. GrabRewards Partners present and warrant that they at all times have the necessary certificates, licenses, authorizations and approvals to carry out the Promotions.

(d) GrabRewards Partners commit not to use the Rewards or its membership in GrabRewards Loyalty Program for purposes that are illegal, unreasonable, deceptive, illegal information exploration, market manipulation, unfair competition, threatening, harming the legal rights of any individuals, organizations.

(e) GrabRewards Partners are responsible for all matters, issues, complaints, disputes related to redemption of Rewards and burning Points, products and services redeemed from Rewards and compensation for all losses, damages to Grab, Users or any third party caused by their failures (whether gross negligence or willful misconduct).

F. PURCHASE AND USE OF GRABGIFT 

Purchasing GrabGifts for Users

1. This section applies to Users’ purchase of digital gift cards (“GrabGifts”) on the Platform, including bulk purchases.

2. You must have a valid Grab account to purchase GrabGifts.

3. If you are sending GrabGifts, you acknowledge and confirm that:

  • your intended recipient will be able to view your Grab account username;
  • you are responsible for ensuring that the delivery details (e.g. recipient’s name, phone number, country) provided by you are accurate and complete. Grab will not be liable if the GrabGifts are not delivered or are delivered to an unintended recipient if the details provided by you are inaccurate or incomplete;

4. Payment shall be made using any of the payment methods made available by Grab. If you are purchasing GrabGifts for an overseas user, the GrabGifts purchase amount will be in the recipient’s local currency and the exchange rate will be determined by your card issuing company.

5. All GrabGifts purchases are final and cannot be cancelled or exchanged by you.

6. Grab reserves the right to decline to process or accept any GrabGifts purchase without providing any reason. You will receive a refund if Grab cancels a GrabGifts purchase. Grab will not be liable for any losses howsoever arising out of Grab’s declining or cancellation of a GrabGifts purchase.

7. You are responsible for resolving any disputes with your credit, debit or other card company on your own.

Purchasing GrabGifts for Corporate Entities

8. This section applies to prepaid purchase of GrabGifts by businesses registered in Vietnam. Within 05 (five) days from the date you complete all of its payment obligations, Grab will provide payment receipt of the total value of your GrabGifts order (“Order”). For avoidance of doubt, Grab will not issue VAT invoice for your Order in accordance with regulations of tax authorities.

9. Grab further reserves the right to suspend any transmission of GrabGifts, suspend activation of any GrabGifts and/or terminate the GrabGifts Order without notice and liability to you in the event that:

  • the transaction or any part thereof is fraudulent, illegal or involves any criminal activity, or that you are in breach of these terms and conditions or suspected to be fraudulent, illegal or to be involved any criminal activity;
  • you make any voluntary arrangement with your creditors or become the subject of any administration, liquidation or winding up order;
  • a receiver or administrative receiver is appointed over your assets;
  • you suspend or threaten to suspend any payments hereunder or threaten to cease to carry on business

10. All Orders are final and cannot be cancelled by you. You are responsible for ensuring that the Order details, such as type of GrabGifts, denominations, amounts, recipient email address are accurate. Grab will not be liable if the GrabGifts are not delivered or are delivered to an unintended recipient if the details provided by you are inaccurate or incomplete. By providing Grab with your recipients’ email addresses to facilitate delivery, you warrant that you have a legal basis to do so (e.g. consent).

11. Where permitted by Grab, you may draw on GrabGifts in your Order in batches. The GrabGifts will be sent to your designated recipient three (3) business days after your written instructions are received by Grab in accordance with the notice details in the Order. GrabGifts in your Order must be fully drawn within six (6) months from the date Grab delivers e-code and issues payment receipt for you, any GrabGifts undrawn amounts within the above period will be forfeited.

12. Grab will not be liable to you whether in contract, tort or otherwise for (a) any direct or indirect economic loss economic loss (including loss of profits, savings, goodwill expenditure) or (b) any indirect, consequential, incidental, special, exemplary loss howsoever arising in connection with the provision of GrabGifts provided under these terms. Nothing in these terms limits or excludes liability for death or personal injury caused by negligence or fraud.

13. You agree to defend, indemnify and hold Grab, its licensors and each party’s parent organisations, affiliates, subsidiaries, officers, directors, members, employees, attorneys and agents harmless from and against all claims, costs, damages, losses liabilities and expenses (including attorneys’ fees and costs and/or regulatory fines) arising out of or in connection with (a) any Order placed by you or on your behalf, your violation of these terms and conditions or any applicable law or regulation, whether or not referenced herein and (c) your use or misuse of GrabGifts.

14. You shall not use the Grab name, logo or marks without Grab’s prior written consent. In the event that such consent is provided, Grab may withdraw such consent at any time by notifying you.

15. By placing an Order, you agree and acknowledge that the GrabGifts must be used in accordance with the terms and conditions set forth below. Please also refer to the Grab Privacy Policy which explains how Grab collects, uses, processes and discloses Personal Data through the use of Grab’s mobile applications and websites.

Using GrabGifts

16. This section applies to use of GrabGifts by Users.

17. You must have a valid Grab account in order to receive and redeem GrabGifts. Grab will not be liable for any delay in sending, transmission or receipt of GrabGifts.

18. Redemption and usage of GrabGifts is subject to the usage restrictions stipulated for each GrabGift, including:

  • the type of Grab offering or merchant(s) for which the GrabGifts may be redeemed;
  • the country in which the GrabGifts may be redeemed;
  • expiry date; and
  • any other restrictions as may be notified by Grab.

19. GrabGifts may only be redeemed in the Grab Application. Users should ensure that they have downloaded the latest version of the Grab Application.

20. Grab will not replace, exchange or refund any GrabGifts that have expired.

21. GrabGifts cannot be transferred to another Grab account.

22. Each GrabGifts may only be redeemed once. Any unutilized GrabGifts amount will be forfeited. If your transaction value exceeds the GrabGifts value, you will be required to top-up the shortfall. GrabGifts may not be applied towards Grab platform fees.

23. Grab is not responsible for, and makes no warranty in relation to, the quality of the products and/or solutions for which the GrabGifts are redeemed.

24. GrabGifts may not be used in conjunction with other promotions or discounts, unless otherwise indicated.

25. Grab will not be responsible or liable for any GrabGifts sold by any third party.

26. GrabGifts cannot be exchanged for cash.

27. Grab may take any action for illegal or fraudulent usage of GrabGifts, including suspending or terminating your Grab account and cancelling the GrabGifts without reimbursement.

G. E-COMMERCE PACKAGE FOR MERCHANT

1. E-commerce Package are service offerings of Grab, such as visibility booster program packages services, campaign packages services and other packages services that may be offered by Grab from time to time (the “Service”) where you will be able to enjoy certain rights and privileges by joining or otherwise indicating interest to the same via the Application and/or Platform, subject to the terms and conditions herein.

2. These Terms of Service for E-commerce Package is an appendix to (i) any and/or all service contract ralated to E-commerce Package of your agreed Grab E-commerce Package (“Contract”) OR (ii) any of your registration request to join a E-commerce Package (including spotlight campaign) via the Application and/or Marketing Manager Services Platform (“Registration Request”).

3. These Terms of Service for E-commerce Package is subject to (i) your existing Grab merchant contract that you have entered with Grab when you were onboarded as Grab merchant (“Agreement”), and (ii) the Terms of Service: Transport, Delivery and Logistics (“ToS”) and (iii) other relevant Grab policies and codes of conduct applicable to you (collectively referred to as “Main Terms”).

4. Any capitalised terms used but not defined herein shall bear the same meaning as those defined in the Main Terms (unless the context otherwise requires); and special attention should be paid to the section(s) covering marketing activities by you in the ToS.

5. You will be deemed to have consented to these Terms of Services for E-commerce Package as may be amended from time to time. Your continued use of or participation in the E-commerce Package either via Contract or Registration Request, after any changes or updates to the Terms of Services for E-commerce Package, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Terms of Services for E-commerce Package.

6. In addition to the above, you agree that you have read and understood the E-commerce Package offer details as provided in the Contract or Registration Request, which shall include but is not limited to (i) information relating to the campaign description, (ii) the relevant duration, (iii) the changes of service fee/commission (if any) during the campaign period, (iv) the eligible outlets, (v) the pertinent funding obligation(s) and cost, (vi) any specific method of deduction and the included marketing assets, and (vii) any other terms agreed therein. You agree and understand that your participation in the E-commerce Package either via  Contract or Registration Request shall be subject to approval by Grab.

7. In order to provide the Service to you, you authorized Grab to perform these mentioned activities, including but not limited to:

a. launching promotions;

b. campaign/marketing investments and initiatives,

and/or any other initiatives from time to time to the extent it deems necessary in connection with the Services, whether it be a combination of activities or a specific activity, on your behalf. You agree and hereby authorise Grab to do so as well as use your intellectual property (such as logo) for the purposes of such Service (hereinafter referred to as “Marketing Activities”).

8. You agree that Grab shall use commercially reasonable efforts and considerations to market your products and/or restaurant(s) and issue a necessary information/ report for the Merchant, in order to monitor the outcome of the Marketing Activities. You are aware and agree that Grab does not guarantee any level of performance and/or the outcome of the Marketing Activities  which had enrolled in the E-commerce Package.

9. You agree that any amounts payable to Grab may be subject to all prevailing statutory taxes, charges and or costs as may be in force and any new taxes that may be introduced at any point of time, and you shall be liable for any such taxes on any amount pursuant to the E-commerce Package(s) and/or Service(s).

10. You agree that Grab, in its sole discretion, is entitled to determine the allocation of budget using the campaign funds agreed under the Contract or Registration Request to perform the Marketing Activities. As such, You further agree that any form of fees paid by You to Grab to perform the Marketing Activities is not refundable in any form whatsoever.

11. You are aware and agree that the period of the E-commerce Package will continue until:

a. The agreed period under the Contract has ended; OR

b. The Merchant decides to end the E-commerce Package prior to the end of the period, which must be submitted with a written request to terminate an E-commerce Package via such means as Grab may make available for such purpose from time to time (“Termination Request”). Such Termination Request shall be subject to approval by Grab. Unless and until the date on which you receive a confirmation from Grab that the Termination Request is successful, you shall remain liable for any amounts payable to Grab; OR

c. Grab cancel or suspend the E-commerce Package.

12. You agree that Grab reserves the right to modify the E-commerce Package, or any part of it, for any reason at any time with or without notice to you.

13. You understand that your Contract or Registration Request which is appended with this Terms of Services for E-commerce Package (collectively referred to as “Contract for E-commerce Package”) serve as a supplement document/ side letter/ amendment and/or other forms of document thereto, with your existing merchant Agreement with Grab, and will be deemed as an integral and inseparable part of such Agreement.

14. You agree that all the terms and conditions stipulated under the Agreement shall remain valid and unchanged. If there are any specific provision(s) therein the Contract for E-commerce Package in contradiction with the Agreement, the parties agree that such specific provision(s) under the Contract for E-commerce Package shall prevail.

H. GRABMART NOW

1. The Application allows you to place orders for goods made available for sale on the Application (“Goods”) which are operated and sold by Grab, which at your option when placing the order(s), may be delivered to you by partners who are delivery-partners (“Delivery-Partners”) during the time period as specified in the Platform or otherwise communicated by Grab. Grab does not control any of these Delivery-Partners or the services provided by them. You understand that any order that you place shall be subject to the Goods availability and delivery location serviceability of the relevant parties and/or Delivery-Partner on the part of the Partners.

2. All Goods order and delivery bookings placed on the Application (“Order”) are treated as confirmed. You shall not be entitled to cancel your booking once you have received a confirmation. If you cancel your Goods oOrder after it has been confirmed, you remain liable to pay the applicable fee in full regardless of whether the order has been prepared or delivered by Grab and/or Driver-Third Partners Provider. It is your liability to pay order value in full where (i) cancellation is made by you after the Grab starts packaging or preparing for the Order or (ii) you do not show up at delivery or (iii) you are unreachable physically or via phones after 10 minutes as from the Delivery-Partners arrive the destination designated by you via Application. Grab reserves the rights to withhold any unsettled delivery fee in any method of payments that Grab deems so appropriate.

3. Upon your successful completion of a Goods order, the Grab and/or Delivery-Partners may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Grab is not involved in and will not be responsible for any separate arrangement between you and the Delivery-Partners where such arrangement is not confirmed and recorded on the Application.

4. Grab and/or the Delivery-Partner may not process your Goods Order in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered. The Delivery-Partner may refuse to deliver if the order is not well packed or if it is too large or too heavy to ship.

5. The prices of Goods reflected in the Application are determined solely by Grab and are listed for information only. Grab reserves the right to determine the prices of Goods on GrabSupermarket.

6. Prices of Goods as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information, be incorrectly reflected and in such an event the Grab may cancel your order(s). Grab shall in no event be liable for any (direct or indirect) loss arising therefrom.

7. Pictures of Goods are provided on the Platform for illustration purposes only. Grab has acted on the best effort basis to display the photo as accurately as possible and to reflect the colors and images of the Goods. Some images for the Goods may be outdated and we cannot guarantee that your device display of the color would be accurate. Fresh produce may vary from photo as such products are never identical even when they are sourced from the same supplier or are of the same variety.

8. If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout at the booking checkout stage of the Goods Order. All promotion codes and discounts are subject to their specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted Goods may be rounded and will be set out on the checkout page for your booking. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any direct or indirect losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promotion codes and discounts.

9. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. As a result of arrangements or agreements between you and the Third Partner Provider pursuant to Clause 3 above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.

10. All Goods sold on GrabSupermarket are sold as is and are not repackaged, re-assembled or modified in any way, shape or form. The Goods are pre- packed, assembled, modified and supplied from various distributors, manufacturers or wholesalers.

11. You are responsible for ensuring that the details entered by you in respect of the Goods Order on the Application are accurate and complete. Grab shall not be liable in the event of late delivery or non-delivery of Goods that you order by reason of erroneous delivery details entered by you on the Application. You acknowledge that in the ordinary course of delivering the Goods, the Grab and/or Driver-Partners may disclose your details to the recipient. GrabSupermarket is not provided as an anonymous service. Therefore, you are solely responsible in determining your choice of the recipient and Grab shall not be liable or responsible for any (direct or indirect) losses suffered by or caused to you or arising out of or in connection with or by reason of your expectation of anonymity through the use of GrabSupermarket.

12. If you or the intended recipient of the Goods are not at the designated delivery location, the Delivery-Partners may leave your order unattended on or in front of the premises of the designated delivery location and the Goods shall be deemed to have been delivered. After the delivery of the Goods, you shall solely be liable for demurrage or loss, damage, contamination, soiling or degradation of the Goods (including but not limited to containers and packaging) whether caused directly or indirectly by you or any person acting on your behalf or otherwise.

13. If applicable, by placing an order for beer or alcohol (“Alcoholic Order”), you warrant you are at (i) at least eighteen (18) years old; and (ii) you fully understand that drinking beers or alcohols can harm your health. In the event you are not the end consumer of the Alcohol Order, you hereby warrant that the person who collects and consumes the orders (the “Recipient”) will always be at least eighteen (18) years old.

14. The Delivery-Partner shall have the right to (i) request your / Recipient’s ID for age verification, (ii) refuse to deliver any Alcoholic Order to any person who at the time of delivery or collection of takeaway does not appear to be at least eighteen (18) years old or (iii) any person who is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that Grab, Delivery-Partner shall not be liable to make any refund for payment already made to you.

15. In the event you are under eighteen (18) years old, you hereby agree the legal consequences will be at your own risk and responsibility, and agrees to indemnify, defend and hold harmless Grab, the Delivery-Partner, or any of Grab’s third party service providers, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners (“Indemnified Party”), from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to any action in attempting to deceive, manipulate, conceal from Grab, the Delivery-Partner, in relation to inaccuracy or breach of its representations, and/or its breach of any law or any rights of a third party, including but not limited to the aforementioned minimum age limit.

16. Grab shall not be responsible for any promises or claims concerning the Goods which are not made by us, our employees or agents.

17. Grab reserves the right, but not obligated, to limit the sales of our Goods and or Services to any person, geographic region or jurisdiction. Grab may exercise this right on a case-by-case basis. Grab reserves the right to limit the quantities of any Goods and or Services that we may offer.

18. All descriptions of Goods or Goods pricing are subjected to changes at any time without notice.

I. GRABADS TERMS

Terms in this section are applicable to you (advertisers) who wish to use GrabAds services to promote your business within the Grab Application. If you agree to use this service, you are responsible for complying with all applicable laws, regulations and codes that apply to your ads and local regulations where your ads appear. We reserve the right to terminate or suspend your account for any violation in accordance with these GrabAds Terms.

Content Specifications

Your ads must:

  1. Be suitable for access by the general public; 
  2. Accurately reflect the content of the landing page;
  3. Be clear and accurate towards the Consumers;
  4. Only promote products/services that you either own or are authorized to resell or distribute; 
  5. Not violate any applicable laws and regulations; and 
  6. comply with the guideline on inappropriate and sensitive online content: GrabAds, GrabFood and GrabMart (“Guideline”)

The Content Specifications apply to any and all ads which you make available through the GrabAds services. The Content Specifications must be complied with in spirit as well as to the letter, and apply to each part of any ad as well as to its whole.

Promo Messages 

The use of promotional messaging must comply with the following requirements:

  • We prohibit the use of superlatives such as such as “best”, “the best”, “only”, “number one” or words with similar meaning without legitimate documents proving. 
  • The start and end dates of your ad campaign must reflect the duration of the offer or the saving period so that ads do not run on dates when the offer or the saving do not apply.
  • Campaigns must be scheduled to end on the last day of the promotion.
  • Campaign dates for a specific holiday or seasonal event (for example, Valentine’s Day and Christmas) must start within a reasonable time frame leading up to the event and must end within 24hrs after the event date, or a  reasonable time depending on agreement of both parties.
  • If you extend the campaign after the offer or the saving period ends, you must modify your ad copy by removing the promotional messaging that no longer applies.

Keywords Utilization

Keywords are words or phrases that are used to match your ads with the terms people are searching for. Selecting high quality, relevant keywords for your advertising campaign can help you reach the customers you want, when you want.

When a Consumer searches for a term that matches your keyword, your ad enters an auction to determine if it will show. While Grab uses reasonable efforts to capture all possible variations and misspellings of a keyword you choose, Grab does not guarantee that all possible variations of a keyword are captured. 

The cost for each keyword will be different depending on the keyword you choose, your competition in the auction, and other factors. Make sure your keywords and landing page are all closely related to the terms that a customer might be searching for, and will not cause confusion, deception or mistake as to the source or origin of your goods/services.

Higher quality ads and relevance to user searches typically lead to lower costs and better ad positions.

In the event that you choose to use the keyword search feature available on the Platform, and you select the “automatic” keyword search strategy feature, you acknowledge and agree that Grab has the sole and absolute discretion to select and optimise keywords on your behalf. If you do not want Grab to select and optimise keywords on your behalf, please select the “manual” keyword search strategy feature instead.

Representations and warranties

You acknowledge and agree that you are solely responsible for your ads content, campaign details and targeting decisions. This includes without limitation your choice of keywords as well as territorial scope and target audience of the pertinent campaign and ads. You shall indemnify us in the event where we incur any losses or damages pursuant to the same.

Without prejudice to the generality of the other provisions of this GrabAds Term, you further represent and warrant that your ads as well as any related content do not infringe any third party rights including without limitation trademark rights. If Grab receives any complaint in respect of your ads content, campaign details and targeting decisions or otherwise deem that they or any part thereof are not compliant with the Content Specifications, we reserve the right to remove the same, suspend our services to you, and/or require that you modify the complained material. We may, but are not obliged to, review the ads as well as the related content or information submitted or amended by you from time to time. 

If you believe that any content made available on our platform violates your intellectual property rights, please contact us with details provided via ‘Help Centre’ feature.

Marketing Manager Services 

If you use the ads self-serve services under the Marketing Manager Services platform, you shall comply and be subject to the terms stipulated under the https://www.grab.com/en/terms-policies/marketing-manager-service-terms/.