Initial issuance date: October 30, 2024
The Terms and Conditions for Online Promotional Services (“Service Terms”) and Grab’s Policies (as defined below) constitute a legally binding service agreement (“Agreement”) between you and Grab. By registering for and using online promotional services, you agree to enter into this Agreement with Grab as the merchant providing services on Grab App (“Merchant”) and accept to be bound by all terms and conditions set forth in these Service Terms and all Grab Policies published to you from time to time, including all Service Terms and any future amendments or supplements. If you do not agree to the Service Terms or do not wish to enter into this Agreement with Grab, please do not register to use the online promotional services.
Under this Agreement, Merchant will provide (i) vouchers and/or service usage coupons through the Grab App (“Voucher”) and/or (ii) discount offers for Users when purchasing Products at the Merchant’s Restaurant (“Discount”), and Grab will provide an online platform to connect Users and Merchants to facilitate this activity. In particular:
A. Voucher: After Users pay for Voucher by using available payment methods on Grab App, Users can use Voucher to pay for part or all of the value of Merchant’s Products. Each Voucher will has specific terms and conditions, at the Merchant’s discretion.
B. Discount: Discount are calculated based on the retail price of Merchant’s Products used by Users at the Restaurant. At the Restaurant, Users can apply Discount when making payment for part or all of the Order value (as defined below) by using available payment methods on Grab App to receive a corresponding discount on the value of Products. Each Discount will have specific terms and conditions, at the Merchant’s discretion.
1. Definitions and Interpretations
For details, please refer to Appendix 1 – Attached to the Service Terms.
2. Acceptance
2.1. By registering for Promotional Service and agreeing to enter into this Agreement, Merchant hereby confirms that they have read, fully understood, agreed to, and committed to comply with all general terms and conditions applicable to the Promotional Service (as defined below) provided by Grab, in all respects, including but not limited to the following:
a. Terms of use for Transport, Delivery, and Commerce, which are general terms applicable to all Users using the services and technology solutions provided by Grab, published at any time at https://www.grab.com/vn/terms-policies/transport-delivery-logistics/ and/or another link as decided and updated by Grab;
b. Grab’s Privacy Notice published at any time at https://www.grab.com/vn/privacy/ and/or another link as decided and updated by Grab.
The above terms and policies are collectively referred to as the “Grab Policies”
2.2. At any time, Grab reserves the right and has full authority to update, adjust, or supplement (“Amendments”) any content of Service Terms, the terms and conditions of Grab Policies, including processes and policies related to the Promotional Service. The Amendments will take effect within 05 (five) days from the date Grab notifies Merchant or publics through Grab App and/ or Grab’s website. Merchant’s continued use of Promotional Service after Amendments take effect will be understood as Merchant’s agreement to Amendments. IfMerchant does not agree with any Amendments to this Agreement, Merchant has the right to cease using Promotional Service, and Agreement will be terminated. To avoid confusion, the latest version of the Service Terms, updated Grab Policies, and Amendments will replace any previous versions.
3. Grab’s Services
Grab provides the following services (“Promotional Services”), on a fee basis, for Merchants to use the online promotional features on Grab App:
3.1. At specific times, providing Merchant with one or more Accounts to activate and facilitate: (i) Users purchasing Voucher from the Merchant and/ or using Discount when paying at Restaurant; (ii) the Merchant’s access to the Account to track business performance;
3.2. Other services based on the Merchant’s requests and/ or Grab’s ability to provide.
4. Fees and Payments
5. Grab’s obligations
5.1. Grab reserves the right, at its sole discretion, to postpone or suspend the listing, or refuse to list, or cancel the listing, or require Merchant not to list any or all Restaurants information, Voucher and/ or Discount on Grab App.
5.2. If the information of Voucher, Discount or Merchant’s acts on Grab App is not complied with any regulation of this Service Terms, the regulations and Grab Policies and/ or the applicable laws, Grab reserves the right, at its sole discretion, to apply any or all of the following remedies:
a. Postpone or suspend the listing, or refuse to list, or cancel the listing, or require Merchant not to list, any or all Restaurants, Voucher and/ or Discount;
b. Temporarily or permanently deactivate any or all of Account of Merchant;
c. Cancel or suspend any promotion and display program;
d. Rename the Restaurant and/ or modify the Merchant’s information display on Grab App;
e. Withhold all payable amount to Merchant until Merchant has fully remedied its violation as Grab’s required, and this amount may be used to refund the User, refund any discounts or rebates applied by Grab to the Merchant and any costs, fees, penalties imposed by any competent authority;
f. Require Merchant to pay all fee, charge, fines or penalties imposed by any competent authority;
g. Apply remedial measures as specified in Grab Policies.
5.3. Grab will display and continue to update on the Grab App the information of Restaurants, Voucher and/ or Discount on Grab App provided by Merchants, to the extent that such information and updates are notified to Grab by Merchants.
5.4. To the extent permitted by law and as authorized by Merchants, Grab may receive payments from Users for Orders and pay the remainder of such payments (after the deduction of Grab’s Service Fee and other incurred charges – if any) to Merchants.
5.5. Grab shall facilitate the management of services and complaints of User and transfer relevant information to Merchants for settling complaints initiated by User.
6. Merchant’s obligations
6.1. Merchant shall provide Grab with all information and updates on the Restaurants and Vouchers and/ or Discount as necessary to enable Grab to fulfill its obligations and undertake to provide Product in accordance with terms and conditions of the Voucher and/ or Discount.
6.2. Merchant must immediately notify Grab of any changes to the information provided to Grab. Notwithstanding the foregoing, Merchant shall honour all Orders placed by the User in reliance of any information (even if outdated) published on the Grab App.
6.3. If there is any change to Merchant’s business and/or operating licenses, Merchant shall communicate such change to Grab immediately.
6.4. Merchant shall allow Grab and shall assist Grab to place any marketing materials relating to Promotional Services 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.
6.5. Merchant shall ensure that all information published on the Grab App relating to Merchant, including but not limited to information about the Restaurant, Voucher, Discount and Products is in compliance with all legal and regulatory requirements. Merchant shall verify the information published by Grab and immediately point out any mistakes or inaccuracies.
6.6. Merchant commits and takes full responsibility to Grab and/ or the User for the legality of the Voucher, Products using the Voucher, Discount at the Restaurant, ensuring that Order at the Restaurant is real and accurate.
6.7. Merchant has the responsibility for defining and providing relevant terms and conditions applicable to the Voucher and/or Discount to Grab (including but not limited to the promotion period, discount rate and conditions of use). These terms and conditions are subject to prior review and approval by Grab.
6.8. Merchant has the responsible for providing documents related to User’s payment transactions for Orders through the Grab App using Voucher and/or Discount as required by Grab from time to time, including but not limited to invoices, card transaction documents (if any), documents related to the Order, documents proving the legality and validity of the Products provided under the Order (“Payment Documents”). The Merchant commits that the payment for the Order(s) using Voucher and/or Discount made by the User through the Grab App is accurate and matches the actual Order value at the Restaurant and the Payment Documents that the Merchant provides to Grab, and at the same time holds Grab harmless from any damage, loss, claim, or lawsuit against the User and or any other third party arising from the Merchant’s violation of this commitment.
In case for any reason the Merchant fails to provide the Payment Documents as required by Grab, provides fake/invalid Payment Documents, and/ or Grab suspects that the payment transaction for the Merchant’s Order(s) shows signs of fraud, deceit, violation of the law, money laundering or terrorist financing, regardless of the provisions in the Agreement and Grab Policies, Grab has the right to apply one, some or all of the following measures:
a. Suspend and/or not process payment transactions for Orders showing signs of fraud, deceit, violation of the law, etc.
b. Immediately suspend or terminate this Agreement when the Merchant violates this provision.
6.9. In the event where Merchant amends any content of a Order placed by an User, Merchant shall ensure that by amending such content:
a. Merchant have obtained the prior consent or acceptance from the affected User; and
b. 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) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.
6.10. Merchant shall ensure that any and all information provided by Merchant to Grab does not violate any third party’s Intellectual Property Rights.
6.11. Merchant ensure that the provision of the Products complies with the provisions of applicable laws, that all licenses, permits, certifications, endorsements, etc. have been issued and are up to date in connection with the business of Products. Any violations of such regulations shall be notified by Merchant to Grab immediately. Merchant is responsible for handling and resolving all quality, compliance, safety complaints relating to the Products and issues raised by Users (including, if necessary, processing and satisfying claims under Merchant’s relevant insurance policies).
6.12. Merchant shall ensure that it shall not apply Voucher and/ or Discount to exchange illegal items or any items that Merchant does not have permission or licence to sell or to commit any infringing act of any law.
6.13. Merchant hereby authorizes Grab to receive the Users’ payments of Orders in accordance with laws.
6.14. Merchant may not discriminate against Users who use Voucher and/ or Discount to pay for Products at the Restaurant compared to regular customers. Merchant may not require Users to pay any additional costs or surcharges when using the Voucher and/ or Discount, unless otherwise specified in the terms and conditions of Voucher and/ or Discount.
6.15. Merchant acknowledges and agrees that the Users may make payment of the Voucher and/ or Order’s value after applied Discount by payment methods available on Grab App at the sole discretion of Grab from time to time. In case Grab provides any payment method which may facilitate the User to pre-pay for the, inter alia, Orders, 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 User (where applicable).
6.16. Merchant acknowledges and agrees that, Merchant shall issue and provide a value-added invoice (or sales invoice, as the case may be) for the Products used by the User through the redemption of a Voucher or Discount. In the event that Merchant fails to issue a value-added invoice, or a sales invoice, Grab reserves the right to immediately terminate this Agreement and demand that the Merchant pay any costs that it incurs that are payable to the User as a result of the Merchant’s failure to issue an invoice (if any).
6.17. Execute the necessary steps (notification/registration) regarding the promotion to the appropriate authority in relation to the use of the Voucher and/ or Discount in accordance with the terms of this Agreement (if any). To avoid any misunderstanding, in the event that Merchant fails to comply with the duties set forth in this section, Grab will be completely exempted from all liabilities (including but not limited to administrative fines).
7. Representations And Warranties
7.1. Each Party represents and warrants to the other that:
a. it has the capacity and power to enter into and perform and comply with the obligations under this Agreement;
b. this Agreement constitutes its valid and binding obligations and is enforceable against it in accordance with the terms hereof;
c. its execution of and/or performance of or compliance with its obligations 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;
d. 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.
7.2. Merchant agrees that Grab is a technology company providing Promotional Services on the Grab App only and Grab providers a platform for Merchant to connect with User. As platform provider, Grab has no obligation to process, prepare and provide Products and Grab shall not be involved in any agreements, terms and conditions or rights and obligations between the User and Merchant.
7.3. Notwithstanding the provisions of this Service Terms, Merchant agrees that Grab has the sole right (not obligation) to set off any debt arising from this Agreement against any revenue of Merchant arising from the business models available on the Grab App and/or other contract(s) between the Merchant and Grab (if any), including but not limited to GrabFood, GrabMart until collect all debts without prior notice to the Merchant.
8. Termination
8.1. Merchant agree that Grab may immediately terminate this Agreement or temporarily suspend the Promotional Services and request Merchant to compensate the costs that Grab have to pay to the User and/or any other relevant third party if:
a. Grab suspects that there is any unlawful, illegal and/or fraudulent act committed by Merchant and/or its employees or agents;
b. Merchant violates any obligation or representations or warranty set forth in this Agreement and the breach is not cured within 07 (seven) days from the date of notice from Grab.
c. Merchant repeatedly receives bad reviews from Users or complaints of the non-exchangeability of Vouchers and/ or Discount; or
d. Merchant violates code of conduct published by Grab from time to time (if applicable).
8.2. Merchant has the right to terminate Agreement by sending a termination request via Help Centre (or other channels determined and notified by Grab from time to time) and receiving the confirmation from Grab via email or other appropriate channels.
8.3. Either Party may terminate this Agreement by giving to the other Party not less than 7 (seven) days’ written notice prior to the effective date of the termination as specified in the notice.
8.4. At any time, either Party may, upon giving written notice to the other Party, immediately terminate this Agreement, if the other Party terminates or suspends its business, enters into bankruptcy or insolvency proceedings or other analogous proceedings, or becomes subject to any law, regulation or restriction which prevents such other Party performing its obligations under this Agreement.
8.5. The termination of this Agreement shall not relieve or limit each of the Parties from its obligations, responsibilities and liabilities accruing prior to such termination. Notwithstanding the provisions of this Agreement, prior to termination:
a. Merchant is still responsible for providing the Products to the User under the terms and conditions of the Voucher and/ or Discount if such Voucher and/ or Discount is purchased prior to the termination of the Agreement.
b. Grab has the right to turn off all Restaurant of Merchant on Grab Application immediately after receiving a termination request from Merchant, or other termination cases in accordance with the provisions of this Agreement.
c. Grab is responsible for paying all outstanding amounts to the Merchant, including deducting the Merchant’s debts from the payment from User.
9. General Provisions
9.1. This Service Terms constitute the entire agreement between the Parties and supersede all prior agreements or understandings, whether written or oral. In the event that multiple Agreements or different versions of the Service Terms are accepted, the most recently accepted version shall prevail and supersede any prior versions, unless the Parties agree otherwise.
9.2. Term: This Agreement is effective from the date Merchant successfully registers for Promotional Service until termination in accordance with provisions of Article 8.
9.3. Indemnity
a. Each Party (the “Indemnifying Party”) shall indemnify, defend and hold harmless the other Party, its Affiliates and their respective directors, officers, employees and agents (the “Indemnified Party”) from and against any and all claims, damages, losses and expenses (including reasonable attorney’s fees) (collectively, “Losses”) with respect to any third party claim arising out of or related to: (a) the negligence or willful misconduct of the Indemnifying Party and its employees or agents in their performance of this Agreement; (b) any claims that the Indemnifying Party breached its representations and warranties in this Agreement; (c) any claims that the Indemnifying Party’s Marks infringe a third party’s Intellectual Property Rights, as long as such Marks have been used in the manner approved by the Indemnifying Party; or (d) any breach and/or non-compliance with applicable data protection laws. In addition, Merchant shall indemnify, defend and hold harmless the Grab Indemnified Parties from and against any and all Losses with respect to any third party claim arising out of or related to any harm resulting from Merchant’s violation or alleged violation of any applicable retail food or other health and safety code, rule or regulation, except to the extent such harm was directly caused by the gross negligence or willful misconduct of Grab or its employees.
b. Notwithstanding any other provision herein, it is agreed that neither Party shall be liable to the other Party for any loss of profit, goodwill, business opportunity, and anticipated savings or for any indirect or consequential loss or damage suffered or flowing from either Party.
9.4. Confidentiality
a. The Parties agree that during the term of this Agreement, the Receiving Party may receive the Confidential Information from the Disclosing Party. The Receiving Party may use the Disclosing Party’s Confidential Information solely to fulfil its obligations and/or exercise its rights under this Agreement. The Confidential Information shall be held in strict confidence by the Receiving Party, and shall not be disclosed to any third party (other than its directors, management, officers, employees, auditors and professional advisors, who have a need to know the Confidential Information for the purpose of this Agreement), directly or indirectly, without prior written consent of the Disclosing Party, during the term of this Agreement or after the termination of this Agreement. This obligation does not apply to information (i) that is already in the public domain through no breach of confidentiality or (ii) that is required to be publicly disclosed pursuant to applicable laws, regulations, rules, ordinances, orders of court, any relevant government entities, supervisory authorities or judicial proceeding, or (iii) that is disclosed to the public through no fault of Receiving Party or its agents acting on its behalf hereunder, or (iv) information that is disclosed to the Receiving Party by a third party not under confidentiality obligation.
b. The above confidentiality obligations shall endure for 1 (one) year after the expiry or termination of this Agreement or until the Confidential Information enters the public domain, whichever is earlier.
9.5. Personal Data
Both Parties shall comply with their respective obligations under all applicable laws and regulations in connection with any Personal Data in relation to this Agreement. Merchant agrees to use, disclosure, store, retain or otherwise process Personal Data solely for the purposes of performing its obligations under this Agreement. Merchant shall maintain the accuracy and integrity of any Personal Data provided by Grab in its possession, custody or control. Merchant agrees to retain Personal Data provided to Merchant by Grab solely by using the software and tools provided by Grab.
9.6. Marketing And Publicity
a. The Parties may conduct marketing and advertising activities in relation to the Vouchers 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 Promotional Services of the Parties provided hereunder.
b. 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.
c. 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.
9.7. Organization and Independence of Merchants
a. Grab is not a party in the transactions between User and Merchant. Merchant shall release Grab and Grab’s Affiliates, Grab’s agents and employees from all complaints, actions, disputes, claims and damages (actual and consequential) of any kind and of any nature, known and unknown, suspect and unquestionable, disclosed and undisclosed, arising from or in any way relating to those transactions
b. Merchant and Grab are the independent contractors, and no provision in these General Terms will form any partnership, joint venture, agent, franchise or sales representatives between the Parties. Parties mutually confirm that this Agreement will not create any linear labour relationship between Grab and service providers to Merchant. Merchant shall not have the authority to make or accept any offers or statements on Grab’s behalf.
9.8. Force Majeure
The Parties are released from responsibility as to their obligations (except for payment obligations) and delay of work as consequence of Force Majeure. If the event of Force Majeure persists for a period exceeding 60 (sixty) days (or other period as mutually agreed by the Parties) and both Parties had negotiated in good faith and did not settle on a suitable resolution, then either Party shall be entitled to terminate this Agreement by written notice to the other Party.
9.9. Severability
a. The invalidity or unenforceability for any reason of any part of this Agreement shall not prejudice or affect the validity or enforceability of the remainder of this Agreement.
b. If further lawful performance of this Agreement or any part of it shall be made impossible by the final judgment or final order of any court of competent jurisdiction, commission or government agency or similar authority having jurisdiction over either Party, the Parties shall forthwith use their reasonable endeavors to agree amendments to this Agreement so as to comply with such judgment or order.
9.10. Assignment
Neither Party is entitled to assign or transfer its rights and/or obligations (either in whole or in part) to any person, unless with the prior written consent of the other Party, except that Merchant agrees that Grab may assign and/or transfer any of its rights and/or obligations under this Agreement to any Affiliate of Grab without the Merchant’s consent. In this regard, the Merchant agrees to use its best efforts to provide necessary cooperation to Grab and take necessary or relevant action as requested by Grab and it is agreed by the Parties that such assignment.
9.11. Governing Law and Dispute Resolution
a. This Agreement shall be governed by and construed in accordance with Vietnam law.
b. Any disputes, conflicts or differences arising out of this Agreement (“Dispute“) shall be mutually solved by the Parties via mediation and amicable negotiation. If the Parties fail to reach an agreement for settlement within 30 (thirty) days from the date that the Dispute arose, the Parties shall be entitled to request Vietnam International Arbitration Centre (VIAC) along with Vietnam Chamber of Commerce and Industry (VCCI) for settlement following the applicable proceedings of this arbitration centre. The place of arbitration will be in Ho Chi Minh City. Number of arbitrators shall be three. Language for arbitration shall be in Vietnamese.
Attachment 1
Definitions And Interpretation
1. Definitions
“Account” means a mobile application account that Grab creates on its online platform and provides for the Merchant (as defined below) through the Grab App (as defined below) for, inter alia, registration and operation on the terms and conditions provided hereunder.
“Affiliate” means with respect to any entity, any other entity controlling, controlled by or under common control with such entity. For the purpose of this definition, “control” (including the terms “controlling”, “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise;
“Confidential Information” means any information having been designated in writing to be confidential or proprietary or if given orally, is confirmed promptly in writing as having been disclosed as confidential or proprietary or otherwise by the Disclosing Party to the Receiving Party and, including any Personal Data as defined in this Agreement, all User information (including viewing patterns, viewing details, quantity, time or duration of usage of equipment or viewing of the content), details (including but not limited to contact details, telephone numbers, network configuration, location information, billing name, billing amounts, credit history and other payment details), information of a commercial, technical or financial nature relating to this Agreement, the Disclosing Party or any of its Affiliates including all trade secrets, know-how, show-how, patents research, development or technical information, confidential and proprietary product or information, Intellectual Property Rights, business plans, operations or systems, financial and trading positions, details of customers, suppliers, debtors or creditors, information relating to the officers, directors or employees of the Disclosing Party or any of its Affiliates, marketing information, printed matter, rates and rate tables, contracts, all regardless of form, format or media whether machine readable or human readable, including written, oral or tangible form and also includes information communicated or obtained through meetings, documents, correspondence or inspection of tangible items;
“Disclosing Party” means either Party who discloses the Confidential Information under this Agreement;
“User” means a customer who uses Grab App to carry out part or all of the process of purchasing goods, using service of the Merchant, including but not limited to purchasing and paying for Voucher, applying Discount when paying for the value of Product at Restaurant.
“Force Majeure” means any cause beyond a Party’s reasonable control affecting the performance by the affected Party of its obligations hereunder including, but not limited to, epidemics, acts of God, riots or civil disorder, war or military operations, national or local emergency, acts or omissions of government, industrial disputes of any kind (not involving the affected Party’s own employees), fire, flood, lightning, explosion, subsidence, inclement weather and acts or omissions of persons or bodies beyond the reasonable control of the said Party;
“Grab App” means the relevant mobile application(s) or e-commerce platform of Grab and/or its Affiliates which enable and facilitate a part or whole process of provision or use of Products between Merchants and Users, including but not limited to the GrabMerchant Application;
“Intellectual Property Rights” mean all intellectual property rights, including but not limited to rights to patents, rights in circuit layouts, trademarks, service marks, trade names, registered designs, copyrights, and other forms of intellectual property or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets and confidential information, and any other protected rights and assets and any licences and permissions in connection therewith, in each case in any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing;
“Order” means (i) Vouchers that User orders on the Grab App, or (ii) Products that User uses at the Restaurant and apply Voucher/ Discount and has been successfully paid for using available payment methods on Grab App.
“Products” refers to any goods or services provided by Merchant to User at Restaurants of Merchant;
“Party” means each of Merchant and Grab (and collectively, referred to as the “Parties”);
“Personal Data” means (a) information that directly or indirectly identifies or can be used to identify, contact or locate the User to whom such information pertains (including but not limited to mobile phone number, email address and/or any necessary information for the benefit of buying and using Voucher subject to the terms and conditions of this Agreement), or (b) information from which identification or contact information of an individual person can be derived (c) information regarding, such as but not limited to, name, address, phone number, email address, other account information (to the extent such other account information includes information described in subsections (a) or (b) above), or other government-issued identifier, and credit card information and (d) any other information (such as, but not necessarily limited to, a personal profile, unique identifier, biometric information and/or IP address) which is associated or combined with the Personal Data, then such information shall also be considered the Personal Data;
“Receiving Party” means either Party who receives the Confidential Information under this Agreement;
“Restaurants” means the restaurant(s), outlet(s) or other eating establishment(s) of Merchant as listed in Appendix 1 of Agreement;
“Promotional Services” means the scope of services that Grab offers to Merchants and is described in Article 3;
“VAT” means the value added tax which is a consumption tax under applicable Vietnam laws from time to time and/or any similar levies.
“Business Day” means a day (other than a Saturday or Sunday or public holiday) on which banks are open for general business in Vietnam;
2. Interpretation: The following rules apply unless the context requires otherwise:
2.1 Headings are for convenience only and do not affect interpretation;
2.2 The singular includes the plural, and the converse also applies;
2.3 If a word or phrase is defined, its other grammatical forms have a corresponding meaning;
2.4 A reference to a Clause is a reference to a clause of this Agreement;
2.5 A reference to an agreement or document (including a reference to this Agreement) is a reference to the agreement or document (including its appendices) as amended, supplemented, novated or replaced except to the extent prohibited by this Agreement or that other agreement or document;
2.6 A reference to “writing” includes any method of representing or reproducing words, figures, drawings, or symbols in a visible or tangible form;
2.7 A reference to a Party to this Agreement or another agreement or document includes the Party’s successors, permitted substitutes and permitted assigns;
2.8 A reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
2.9 Mentioning anything after “includes”, “including”, “for example”, or similar expressions, does not limit what else might be included;
2.10 Nothing in this Agreement shall be interpreted against a Party solely on the ground that the Party put forward this Agreement or any part of it.
I, THE MERCHANT, HAVE READ, UNDERSTAND, AGREE AND ACCEPT ALL OF THE EXISTING TERMS AND ANY ADDITIONAL TERMS AND AMENDMENTS, IF ANY. BY COMPLETING THE REGISTRATION PROCESS FOR USING ONLINE PROMOTION SERVICE, I UNDERSTAND THAT I AM CREATING AN ELECTRONIC SIGNATURE WHICH IS THE SAME VALUE AND EFFECT AS MY WET SIGNATURE.
– End of Service Terms –
