{"id":182623,"date":"2023-04-03T22:39:48","date_gmt":"2023-04-03T14:39:48","guid":{"rendered":"https:\/\/www.grab.com\/sg\/?post_type=policy&p=182623"},"modified":"2024-01-16T15:49:55","modified_gmt":"2024-01-16T07:49:55","slug":"marketing-manager-service-terms","status":"publish","type":"policy","link":"https:\/\/www.grab.com\/sg\/terms-policies\/marketing-manager-service-terms\/","title":{"rendered":"Marketing Manager Service Terms"},"content":{"rendered":"\t\t
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Last Updated: 16 January 2024<\/strong><\/p>

1. General<\/b><\/p>

1.1 These terms are applicable to you (as an \u201c<\/span>Advertiser<\/b>\u201d), to access and use of the marketing manager services and any other services related thereto, where you can place your advertisement within Grab advertising services ecosystem (collectively referred to as the \u201c<\/span>Marketing Manager Service<\/b>\u201d).<\/span><\/p>

1.2 Advertiser hereby reads, understands, agrees to the applicable Terms of Service: Transport, Delivery, and Logistics as set forth in the following link: https:\/\/www.grab.com\/sg\/terms-policies\/transport-delivery-logistics\/, which may be updated by Grab from time to time (the \u201c<\/span>Terms of Service<\/b><\/a>\u201d) and are deemed as integral part of this <\/span>Marketing Manager Service Terms<\/span>. Any capitalised terms used but not defined herein shall bear the same meaning as those defined in the Terms of Service.<\/span><\/p>

1.3 For the purpose of implementing the Marketing Manager Service<\/span>, you agree to the following:<\/span><\/p>

1.3.1. You can use the Marketing Manager Services platform to create and monitor self-funded marketing activities i.e. create a campaign, participate in a promotion or place an order for advertisement(s) on the Marketing Services platform, PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and\/or advertisement (\u201c<\/span>Marketing Activity(ies)<\/b>\u201d). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and\/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from the Application may be varied from time to time, and you agree and acknowledge that they are offered as-is at Grab\u2019s sole discretion.<\/span><\/p>

By creating or participating in any Marketing Activities via Marketing Manager Services platform, you accept the following conditions:<\/span><\/p>

(a)\u00a0Any information submitted through your account to us (whether via our Application,\u00a0 Marketing Manager Services platform or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.<\/span><\/p>

(b) Any information you input into the Marketing Manager Services platform where required or otherwise provided to us must be complete, truthful, accurate and not misleading.<\/span><\/p>

(c)\u00a0Your intention to create or otherwise indicate consent to participate in a Marketing Activity must be genuine and must not be conducted in a manner which may be misleading to the Consumers.\u00a0<\/span><\/p>

(d)\u00a0Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.<\/span><\/p>

(e)\u00a0You shall be responsible to directly handle any complaints or enquiries from Consumers, third-parties and\/or government agencies in respect of your Marketing Activity.<\/span><\/p>

(f)\u00a0In the event you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise 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 Marketing Activity and remain responsible to handle any enquiries or complaints from Consumers in respect of or in connection with the Marketing Activity.\u00a0<\/span><\/p>

(g)\u00a0Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity 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 Marketing Activity is, and will be conducted, in accordance with the applicable law.<\/span><\/p>

(h)\u00a0While we do not supervise or monitor the Marketing Activity, we reserve the rights to (but are not obliged to) cancel, take down, suspend or otherwise vary the Marketing Activity at our sole discretion, without being liable for any damage or loss whatsoever, including any refund of the fee or cost which you have paid for the purposes of the Marketing Activity.<\/span><\/p>

(i)\u00a0We may make available to you information relating to the Marketing Activity, and such information is considered as part of the Platform Content and is subject to Clause 29.2 of Section A of the Terms of Services.<\/span><\/p>

(j)\u00a0You agree to pay to Grab any and all costs and expenses in connection with the Marketing Activity. Notwithstanding any other provisions, you authorise Grab and its affiliates to directly deduct any amount payable by you to Grab or its affiliates in accordance with the payment terms stipulated in section 7 below.<\/span><\/p>

(k) You must notify us immediately if your account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an 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 due to the Marketing Activity created or launched 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.<\/span><\/p>

(l)\u00a0You agree that any amount payable to you by Consumers for each Goods Order placed pursuant to the Marketing Activity may be rounded in accordance with our internal policies which we may update from time to time.<\/span><\/p>

1.3.2 Advertiser authorizes Grab to place Advertiser\u2019s advertisements, related technology and any other content, material or data that Advertiser provides in connection with the Marketing Manager Service (\u201c<\/span>Ad Content<\/b>\u201d) on any Grab or third party product or property made available in connection with the Marketing Manager Service (\u201c<\/span>Ad Properties<\/b>\u201d). Advertiser is solely responsible for (i) Ad Content, (ii) Ad targeting decisions including but not limited to keywords; (iii) any website, application or other destination to which Ad Content directs Users (\u201c<\/span>Destinations<\/b>\u201d); (iv) services and products offered on Ad Content and Destinations (\u201c<\/span>Products<\/b>\u201d), and (v) its use of the Marketing Manager Service.<\/span><\/p>

1.3.3 Advertiser grants Grab and all of Grab\u2019s relevant affiliates, subcontractors and licensees a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Ad Content on the Ad Properties. Nothing in these Marketing Manager Service Terms will restrict other legal rights Grab may have to Ad Content (for example, under other licenses).<\/span><\/p>

1.3.4 Advertiser represents and warrants to Grab on an on-going basis that (i) it has all necessary rights to grant the licenses in Section 1.3.2 above; (ii) the Ad Content shall be subject to the specifications in Section 3 below; (iii) all information and authorizations provided by Advertiser pursuant to these Marketing Manager Service Terms are complete, correct, accurate and current; and (iv) it has the necessary authority to enter into these Marketing Manager Service Terms. Advertiser will comply with all laws applicable to Advertiser\u2019s use of the Marketing Manager Service and the Ad Content, Destinations, and Products.<\/span><\/p>

1.3.5 Where Advertiser is acting as an agency on behalf of a third party or third party advertiser (a \u201c<\/span>Client<\/b>\u201d), which bind with these Marketing Manager Services Terms incorporated therein, Advertiser represents and warrants that it: (i) is the authorized agent of the Client, and (ii) has the legal authority to enter and bind the Client under this Marketing Manager Service Terms, and use the Marketing Manager Service, each on behalf of the Client. Advertiser will be liable for the Client\u2019s obligations under these Marketing Manager Service Terms to the extent Advertiser (i) fails to bind Client to these Marketing Manager Service Terms or (ii) breaches its representations and warranties in this section. If for any reason Advertiser has not bound a Client to these Marketing Manager Service Terms, Advertiser will be liable for performing any obligation that would have been placed on the Client under these Marketing Manager Service Terms. Grab may share information about Advertiser\u2019s use of the Marketing Manager Service on behalf of a Client with that Client.\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/p>

1.3.6 Advertiser authorizes Grab and its affiliates to periodically conduct tests that may affect Advertiser\u2019s use of the Marketing Manager Service, including Ad Content formatting, Destinations, quality, ranking, performance, pricing, and auction-time bid adjustments. Advertiser authorizes Grab to conduct such tests without notice or compensation to Advertiser.<\/span><\/p>

1.3.7 Advertiser acknowledges and agrees that Grab may contact Advertiser and\/or its authorised representatives for the purposes of provision of Marketing Manager Services, sending marketing communications (including promotions and newsletters from GrabAds), direct collection, or for any other reasonable purpose as set out in Grab’s Privacy Notice<\/a> (as published from time to time).<\/span><\/p>

1.3.8 Both Grab and Advertiser agree not to directly or indirectly, offer or provide any improper or corrupt payments, gifts or things of value to any person, and shall comply at all times with the anti-corruption \/ anti-bribery and anti-money laundering laws and regulations of the relevant jurisdictions.\u00a0<\/span><\/p>

1.3.9 Advertiser represents and warrants that:\u00a0<\/span><\/p>

(a) Advertiser’s execution of and\/or performance of or compliance with its obligations under these Marketing Manager Service Terms do not and will not violate or cause Grab to violate (i) any applicable laws in the relevant jurisdictions, and (iii) any third party’s rights.\u00a0<\/span><\/p>

(b) Advertiser complies with all mandatory licenses, approvals, notifications, or any other statutory documents under applicable law in the relevant jurisdictions.<\/span><\/p>

(c) Advertiser complies with all prevailing laws and regulations, including the tax laws in the relevant jurisdictions.\u00a0<\/span><\/p>

2. Prices<\/b><\/p>

2.1. <\/span> Advertiser acknowledges and agrees that prices of the Marketing Manager Services will be based on auction determined prices, and Advertiser agrees that the final rates will be subject to auction and prevailing market dynamics.<\/span><\/p>

3. Content Specifications, Promo Messages and Keywords Utilization<\/b><\/p>

3.1 The (i) content specifications and promo messages on the Ad Content, as well as (ii) keywords utilization in the Marketing Manager Service, shall comply with the terms stipulated under the GrabAds Section in the Terms of Service, and must take into account the Guideline on Inappropriate and Sensitive Online content: GrabAds and GrabFood (\u201c<\/span>Guideline<\/b><\/a>\u201d).<\/span><\/p>

\u00a04. <\/b>Custom Audience Feature\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/b><\/p>

4.1 This feature enables Advertisers to create an audience segment using advertiser\u2019s customers\u2019 data, such as email addresses and phone numbers (the \u201c<\/span>Custom Audience<\/b>\u201d). The Custom Audience feature will allow Advertiser to send data in hashed form (\u201c<\/span>Identifier Data<\/b>\u201d) through secure methods to Grab to create targeting segments based on a match of the Identifier Data with users of the Platform (each user, a \u201c<\/span>Data Subject<\/b>\u201d, and each targeting segment, a \u201c<\/span>Custom Audience Segment<\/b>\u201d).<\/span><\/p>

4.2 Advertisers acknowledge and agree that Grab may use the data in the Custom Audience to provide Advertiser with advertising services, including to target advertisements via its Platform on Advertiser\u2019s behalf, and Advertiser agrees that by subscribing to the Custom Audiences feature, it is requesting for Grab to use Identifier Data for creating Custom Audience Segments.<\/span><\/p>

4.3 Grab may modify, suspend, terminate access to, or discontinue the availability of the Custom Audience service at any time.<\/span><\/p>

4.4 Grab will maintain the confidentiality and security of Identifier Data by maintaining safeguards that are designed to (a) protect the security and integrity of the Identifier Data while it is within Grab\u2019s systems; and (b) guard against the accidental or unauthorized access, use, alteration, or disclosure of Identifier Data within Grab\u2019s systems.\u00a0<\/span><\/p>

4.5 In using the Custom Audience, Advertiser agrees to the following:<\/span><\/p>

(a) Other than as provided in these Marketing Manager Service Terms, or with Grab\u2019s prior written consent, Advertiser may use Custom Audience data Grab makes available to Advertiser only for Advertiser\u2019s internal use to manage advertising on the Platform; and Advertiser agrees that Advertiser will not (i) publish such data; (ii) use such data to create profiles of any data subjects or to re-identify or otherwise reverse engineer the Custom Audience data or to derive personal information from, or merge personal information with, any non-Personal Data made available by Grab; (iii) use such data for re-engaging any data subject in any manner; or (iv) sell, rent, transfer, or provide access to such data to any third party. However, if Advertiser has entered into an independent agreement with a third party for licensing marketing information, Advertiser may use the Custom Audience data solely to fulfill Advertiser\u2019s independent obligations, subject to the requirements of the terms under these Marketing Manager Service Terms and any applicable law.<\/span><\/p>

(b) Advertiser will take all commercially reasonable efforts to protect any data and information made available by Grab under these Marketing Manager Service Terms from unauthorized access, loss and misuse, including the encryption of stored information behind a secured server network and organizational, contractual, technological and managerial safeguards. Advertiser will, without undue delay, notify Grab of any unauthorized access or acquisition of Custom Audience data by any person or entity through Advertiser that may become known to Advertiser, and reasonably cooperate (at Advertiser\u2019s own expense) with any investigations regarding any such data breach.<\/span><\/p>

(c) Where Advertiser is acting as an agency on behalf of a Client, Advertiser<\/span> represents and warrants that Advertiser has the authority as agent to the Client to disclose and use such data on their behalf, and will bind the Client to the same terms and conditions in these Marketing Manager Service Terms.<\/span><\/p>

4.6 Advertiser warrants, represents and undertakes to Grab on an ongoing basis that:<\/span><\/p>

(a) it is duly formed, validly existing and in good standing under the laws of the jurisdiction of its formation and it has the full capacity, power and authority to enter into and perform its obligations under these Marketing Manager Service Terms, and that these Marketing Manager Service Terms are not in conflict with any other agreement to which it is a party or by which it may be bound;\u00a0<\/span><\/p>

(b) it has secured, and will maintain, all necessary rights, licenses, and consents from Data Subjects, and a lawful basis to disclose and use the Identifier Data in compliance with all applicable laws, regulations and industry guidelines;<\/span><\/p>

(c) the Identifier Data Advertiser provides to Grab does not relate to data about any individual who has exercised an option that Advertiser has, directly or indirectly, committed to honoring or provided to opt out of having that data disclosed and used for targeted advertising. To the extent that a Data Subject exercises such an opt-out after Advertiser has used data relating to that individual to create a Custom Audience, Advertiser will remove that Data Subject from the Custom Audience;<\/span><\/p>

(d) Advertiser will provide notice to each Data Subject through Advertiser, Advertiser\u2019s agent, or Client on the use of the Data Subject’s Identifier Data (including through any privacy policies), and in compliance with applicable laws, that the Data Subject\u2019s information collected by Advertiser, Advertiser\u2019s agents or Clients may be shared with and used by third parties for the purposes specified under these Marketing Manager Service Terms, including for marketing, ad targeting, and other advertising purposes;<\/span><\/p>

(e) Where Advertiser is acting as an agency<\/span> and are providing Identifier Data on behalf of a Client, Advertiser represent and warrant that Advertiser have the authority as agent to the Client to disclose and use such data on their behalf, and will bind the Client to the terms contained in these Marketing Manager Service Terms.<\/span><\/p>

5. Grab Marketing Services<\/b><\/p>

5.1 In the event Advertiser opts to join Grab Marketing Services including but not limited to ‘spotlight campaign(s)’ available <\/span>in Marketing Manager Service platform, Advertiser must comply and be subject to the terms stipulated under the <\/span>GMS Terms of Service<\/span><\/a>.<\/span><\/p>

6. Policies and Obligations<\/b><\/p>

6.1 Grab Policies, along with any additional terms between Advertiser and Grab, govern Advertiser\u2019s use of any Grab website, product, or service other than the Marketing Manager Service.\u00a0<\/span><\/p>

6.2 Advertiser will not, and\u00a0 will not authorize any third party to, (i) generate automated, fraudulent or otherwise invalid Ad Impressions (as defined in Annex A), inquiries, clicks, conversions or other user actions; (ii) conceal conversions for Marketing Manager Service where they are required to be disclosed; (iii) use any automated means or form of scraping or data extraction to access, query or otherwise collect information relating to the Marketing Manager Service, except as expressly permitted by Grab; (iv) attempt to interfere with the functioning of the Marketing Manager Service; or (v) provide Ad Content that contain or connect to malware, spyware, unwanted software or any other malicious code or knowingly breach or circumvent any Marketing Manager Service security measure. Advertisers will direct communications or queries regarding the Marketing Manager Service or Ad Properties under these Marketing Manager Service Terms only to Grab.<\/span><\/p>

6.3 Advertiser acknowledges that Grab has the right, but not the obligation, to monitor Ad Content. Grab may reject or remove Ad Content (i) where it reasonably suspects or becomes aware such Ad Content infringes any (a) applicable laws, (b) regulations or third-party rights, or (c) Grab Policies, or (ii) for any other reason in Grab\u2019s sole and absolute discretion. In addition, Grab may (i) suspend or terminate Advertiser\u2019s participation in the Marketing Manager Service if it believes in good faith that Advertiser is in breach of these Marketing Manager Service Terms or any of the Grab Policies and (ii) modify or cancel the Marketing Manager Service at any time.<\/span><\/p>

7. Payment<\/b><\/p>

7.1 General<\/b>. Advertiser will pay all charges incurred in connection with the Marketing Manager Service based on the applicable billing metric (e.g. Ad Impressions, engagements, clicks or other metrics) (\u201c<\/span>Charges<\/b>\u201d). Charges will be based solely on Grab\u2019s measurements (which may include metrics such as Video Ad Impression (served), Video Ad Impression (Viewable) etc. (defined below in Annex A)) and are subject to applicable taxes. Advertiser is responsible for all applicable taxes and other government charges. To the maximum extent permitted by law, Advertiser waives all claims related to Charges not disputed in writing 30 days after the applicable invoice or credit card charge or deduction from the applicable wallet (as the case may be). Grab may extend, revise or revoke credit and invoice billing to Advertiser at any time in Grab\u2019s sole discretion.<\/span><\/p>

7.2 Payment<\/b>. By accepting these Marketing Manager Service Terms, Advertiser agrees to make direct payments for ad spends on the platform with the following terms:<\/span><\/p>

(a) Advertiser is a Grab Merchant<\/b>:<\/b>\u00a0<\/span><\/p>