Terms & Conditions of Sale
Important – please read these terms carefully. By placing an Order and/or purchasing any Product, you represent and warrant that you are at least eighteen (18) years old and you agree that you have read, understood, accepted and agreed with these Terms & Conditions of Sale (collectively, the “Terms & Conditions of Sale” or this “Agreement”) and any future amendments and additions to the Terms & Conditions of Sale as published from time to time at https://gifts.grab.com/my. You agree that it shall be your responsibility to review the Terms & Conditions of Sale regularly whereupon continued access or use of the Platform and/or Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS TO OFFER TRANSPORTATION SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD PARTY TRANSPORTATION PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE TRANSPORTATION SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY TRANSPORTATION PROVIDER AND/OR ANY TRANSPORTATION SERVICES PROVIDED TO YOU.
Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.
Purchase of Products
2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by Grab (whether as part of use of the Platform or in relation to the purchase of Products), from time to time. Grab reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.
2.2 Product description: While Grab endeavours to provide an accurate description of the Products, Grab does not warrant that such description is accurate, current or free from error.
2.3 Placing your Order: You may place an Order by completing and submitting the Order form on the Platform. You shall be responsible for ensuring the accuracy of the Order.
2.4 Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Grab shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 5, you may request for a refund in respect of an Order. However, notwithstanding the foregoing, Grab is not obliged to give effect to any request to cancel or amend any Order.
2.5 Grab’s reservation of rights in respect of Orders: All Orders shall be subject to Grab’s acceptance in its sole discretion and each Order accepted by Grab (such accepted Order to be referred to as a “GrabGifts Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Grab accepting or confirming your Order, Grab shall not be party to any legally binding agreements or promises made between Grab and you for the sale or other dealings with the Product(s) and accordingly Grab shall not be liable for any losses which may be incurred as a result. For the avoidance of doubt, Grab reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
2.6 Termination by Grab in the event of pricing error: Grab reserves the right to terminate the GrabGifts Contract, in the event that a Product has been mispriced on the Platform, in which event Grab shall notify you of such cancellation as soon as practicable. Grab shall have such right to terminate such GrabGifts Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.
2.7 Product Warranty: Except as expressly provided in the description of the Product, Grab excludes (unless expressly prohibited by applicable law) any and all express or implied terms, warranties or conditions with respect to the Products supplied.
2.8 User’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Grab which has not been stated expressly in a GrabGifts Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by Grab.
Delivery or Activation of Products
3.1 Address: Where the Product is to be delivered, delivery of the Product shall be made by Grab to the email address you specify in your Order. Where the Product is to be activated for use, Grab shall confirm activation of the Product by sending a confirmation email to the email address you specify in your Order.
3.2 Delivery/Activation timeframe: You acknowledge that delivery/activation of the Products is subject to availability of the Products. Grab will make every reasonable effort to deliver/activate the Product to you within the delivery/activation timeframe stated on the relevant page on which the Product is listed. All delivery/activation timeframes given are estimates only and delays can occur. If the delivery/activation of your Product is delayed Grab will inform you accordingly via email and your Product will be dispatched/activated as soon as it becomes available to Grab. The time for delivery shall not be of the essence, and Grab (nor any of its agents, subcontractors or service providers) shall not be liable for any delay in delivery/activation howsoever caused.
3.3 Deemed receipt: In the event you do not receive the Product or confirmation of activation by the projected delivery/activation date and provided that you inform Grab within 3 days immediately from such projected delivery/activation date, Grab will try, to the best of Grab’s ability, to locate and deliver/activate the Product. If Grab does not hear from you within 3 days from such projected delivery/activation date, you shall be deemed to have received the Product/the Product shall be deemed activated.
Prices of Products
4.1 Listing Price: The price of the Products payable by a User shall be the Listing Price at the time at which the Order placed by the User is transmitted to Grab (through the Platform).
4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Grab reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
5.1 General: You may pay for the Product using any of the payment methods prescribed by Grab from time to time. The payment methods may be subject to additional terms as prescribed by Grab from time to time.
5.2 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Grab or any of its agents or third party contractors for any failure, disruption or error in connection with your chosen payment method. Grab reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5.3 Failure to pay: If the User fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Grab, Grab shall be entitled to cancel the GrabGifts Contract or suspend delivery of the Products until payment is made in full.
5.4 Refund of Payment:
(a) No request for refunds shall be entertained unless such request is received by Grab within 24 hours of the relevant Order being placed.
(b) All refunds shall be made via the original payment mechanism and to the person who made the original payment, where refunds will be made via bank transfer into the individual’s bank account provided that complete and accurate bank account details are provided to us.
(c) We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
(d) All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by you.
(e) We reserve the right to modify the mechanism of processing refunds at any time without notice.
(f) Notwithstanding any of the foregoing, Grab is not obliged to give effect to any request to refund, cancel or amend any Order.
5.5 Suspension of transaction: The Company has the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms & Conditions of Sale.
5.6 Cooperation: You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
5.7 Dispute with card company: You shall be responsible to resolve any disputes with your credit, debit or other payment card company on your own.
6.1 Cancellation by Grab: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Grab may stop any Products in transit, suspend further deliveries to the User, suspend activation of any Product and/or terminate the GrabGifts Contract with immediate effect by written notice to the User on or at any time after the occurrence of any of the following events:
(a) the Products under the GrabGifts Contract being unavailable for any reason;
(b) the User being in breach of an obligation under the GrabGifts Contract;
(c) the User passing a resolution for its winding up or a court of competent jurisdiction making an order for the User’s winding up or dissolution;
(d) the making of an administration order in relation to the User or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the User’s assets; or
(e) the User making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
Personal Data Protection
7.1 For the purposes of this Agreement, “Personal Data” data, whether true or not, about an individual who can be identified or is identifiable (a) from that data; or (b) from that data and other information to which the Company has or is likely to have access, including but not limited to name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about an individual which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about an individual that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
7.2 The provision of Personal Data by you is voluntary. However, if you do not provide the Company with the required Personal Data, your request for access to the Platform and use of the Services may be incomplete and the Company will not be able to process the Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Platform and Services, place Orders and purchase Products.
7.3 The Company may use and process Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purposes”):
– To perform the Company’s obligations in respect of any contract entered with you;
– To provide you with any services pursuant to the Terms & Conditions of Sale herein, including without limitation sending a digital gift card(s) to the intended recipient as per your instructions;
– To validate and/or process payments pursuant to the Terms & Conditions of Sale herein;
– To develop, enhance and provide what is required pursuant to the Terms & Conditions of Sale herein to meet your needs;
– To process any refunds, rebates and or charges pursuant to the Terms & Conditions of Sale herein;
– To facilitate or enable any checks as may be required pursuant to the Terms & Conditions of Sale herein;
– To respond to questions, comments and feedback from you;
– To communicate with you for any of the purposes listed herein;
– For internal administrative purposes, such as auditing, data analysis, database records;
– For purposes of detection, prevention and prosecution of crime;
– For the Company to comply with its obligations under law;
– To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
– To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
– To share Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
7.4 If you do not consent to the Company processing Personal Data for any of the Purposes, please notify the Company using the support contact details as provided on the Platform.
7.5 If any of the Personal Data that you have provided to us changes, for example, if you change your email address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided on the Platform.
7.6 The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
7.7 By submitting Personal Data to the Company, you consent to Grab’s collection, use, disclosure and processing of the same for the purpose of processing my order, delivering the voucher / gift card to my desired recipient, supporting my user experience on this website and related administrative matters, in accordance with the Privacy Notice, these Terms & Conditions of Sale and applicable laws as well as agree to ensure that any other relevant data subjects have consented to the same or would have consented to the same if asked.
8.1 You agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) any Order placed by you or on your behalf, (b) any purchase of Products made by you or on your behalf, (c) your violation or breach of any of the Terms & Conditions of Sale or any applicable law or regulation, whether or not referenced herein, (d) your violation of any rights of any third party, including third party transportation providers, or (e) your use or misuse of any Product.
9.1 THE PLATFORM, SERVICES AND/OR USE OF ANY PRODUCT 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 BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
10.1 ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU UNDER THIS AGREEMENT. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY 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 PLACED ANY ORDER OR PURCHASED ANY PRODUCT, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY ORDER OR PRODUCT INCLUDING BUT NOT LIMITED TO THE INABILITY TO PLACE ANY ORDER OR USE ANY PRODUCT, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY 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.
10.3 THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CLIENT WITH A CURRENT CORPORATE ACCOUNT WITH THE COMPANY, THE COMPANY 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 SERVICES RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF ANY PRODUCT OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE PLATFORM AND/OR THE SERVICES.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with this Agreement.
12.1 The Company may give notice by means of electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the records of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided on the Platform.
13.1 References to “Grab”: References to “Grab” in these Terms & Conditions of Sale apply both to Grab’s actions on its own behalf and/or as the operator of the Platform in respect of each and every GrabGifts Contract.
13.2 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Grab’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Grab may have in law or in equity, and no exercise by Grab of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Grab’s exercise of any other such right or remedy as at law or in equity.
13.2 No waiver: The failure of the Company to enforce any right or provision in the Terms & Conditions of Sale shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
13.3 Severability: If any provision of the Terms & Conditions of Sale is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated in these Terms & Conditions of Sale..
13.4 Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, save that any and all rights of Grab under these Terms & Conditions of Sale may be exercised by any of Grab’s related companies. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.
13.5 Governing law: This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms & Conditions of Sale or the Products shall be subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to.
13.6 Injunctive relief: Grab may seek immediate injunctive relief if Grab makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
13.7 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Grab or its service providers relating to or in connection with the Platform, Services and Products shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Grab and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
13.8 Subcontracting and delegation: Grab reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as Grab deems appropriate.
13.9 Assignment: This Agreement as constituted by the Terms & Conditions of Sale as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
13.10 No partnership: No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms & Conditions of Sale or use of the Products.
13.11 Force Majeure: Grab shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents or the Orders or Products if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Grab’s reasonable control.
Schedule 1 to Terms & Conditions of Sale
Definitions and Interpretation
Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms & Conditions of Sale:
1.1 “User” means an authorised user of the Platform and/or the Services.
1.2 “GrabGifts Contract” shall be as defined in Clause 2.5.
1.3 “Grab”, “we”, “our”, “us” and “the Company” refer to Grabcar Sdn. Bhd. (Malaysia registration no. 201401013360) having its registered address at SO-26-02, Menara 1, No. 3 Jalan Bangsar, KL Eco City, Kuala Lumpur, 59200 Wilayah Persekutuan, Malaysia.
1.4 “Listing Price” means the price of Products listed for sale to Users, as stated on the Platform.
1.5 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
1.6 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by Grab which is presently located at the following URL: https://gifts.grab.com/my; and (b) the mobile application(s) in respect of the Services made available from time to time by Grab, including the iOS and Android versions.
1.7 “Product” means GrabGifts electronic vouchers (including any promo code, discount code, voucher, subscription for discount, discount pass or similar product or bundles of the foregoing) available for sale to Users on the Platform.
1.8 “Services” means services, information and functions made available by Grab on the Platform.
Interpretation: Any reference in these Terms & Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms & Conditions of Sale, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions of Sale.