KENANGAN COFFEE APPLICATION TERMS OF USE

As of 1 January 2025

Welcome to Application of Kenangan Coffee (the “Application”), wherein users of Application (the “User”) may order products under Kenangan Coffee through the Application (the “Services”). Kenangan Coffee wishes to provide the User with the best Services through the Application, and hopes that by using the Application, the User may discover a simple way to obtain products and to enjoy them conveniently and comfortably.

About the Application

Kenangan Coffee Private Limited (“Kenangan Coffee”, or “We”) provides the Application by referring to the Terms and Conditions as stipulated below. Before using the Application, the User is suggested to read carefully and to accept this Terms and Conditions and Privacy Policy since they may affect the User’s rights and obligations according to the prevailing laws and regulations.

By registering and/or using the Application, the User is considered to have read, understood, comprehended, and approved all the contents of the Kenangan Coffee Application Terms of Use and agree to additional Kenangan Coffee Application Terms of Use that are integral part of this Kenangan Coffee Application Terms of Use (hereinafter, Kenangan Coffee Application Terms of Use, additional Kenangan Coffee Application Terms of Use are collectively referred to as the “Terms and Conditions”). Notwithstanding the inseparability, the additional Terms and Conditions supersedes the Terms and Conditions in case of any discrepancies among them.

This Terms and Conditions is effective on the date stated in the Terms and Conditions. Kenangan Coffee may change, add, remove, revise and/or update this Terms and Conditions at any time by posting the revised Terms and Conditions in the Application, where if there is a material change, Kenangan Coffee will change the date at the top of this Terms and Conditions; and the User hereby waives any rights that the User may have to receive specific notices of such changes or modifications. Therefore, Kenangan Coffee advises the User to review this Terms and Conditions page from time to time to see if there are any changes thereto. Such changes are effective immediately upon posting in this Terms and Conditions page and the User’s continued use of the Application after such changes are posted constitutes acceptance of the User to the revised Terms and Conditions.

PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, USING THE KENANGAN COFFEE APPLICATION, OPENING AN ACCOUNT, OR PARTICIPATING IN A KENANGAN COFFEE PROGRAM, THE USER AGREES TO ACCEPT AND BE BOUND BY THIS TERMS AND CONDITIONS. IF THE USER DISAGREES WITH ONE, PART OR ALL OF THIS TERMS AND CONDITIONS AND/OR THE PRIVACY POLICY, PLEASE DO NOT USE THE APPLICATION, OPEN AN ACCOUNT, OR PARTICIPATE IN A KENANGAN COFFEE PROGRAM WITHIN THE APPLICATION.

Account, Password and Security

1. The User hereby declares that the User is a capable person who can bind themselves in a legally valid agreement. If the User does not meet those conditions but still access or use the Application, Services or Payment Method, the User represents and warrants that the User’s act of signing up, accessing or conducting other activities within the Application have been approved by the User’s parents, guardians or custodian. The User expressly waive any rights under the prevailing laws to cancel or revoke any and all consents the User provided according to this Terms and Conditions when the User is deemed legally mature.

2. Kenangan Coffee does not ask the User for any registration fees whatsoever.

3. The User who has registered has the right to act as buyers of Kenangan Coffee products in the Application.

4. Registration is done using a mobile phone number along with a one-time password (OTP) that will be sent to the registered mobile phone number and email.

5. Data on personal attributes such as gender is not mandatory and shall be used for internal promotion purposes only.

6. The User’s Account can only be used by the User and cannot be transferred to other people for any reason. Kenangan Coffee reserves the right to refuse for facilitating orders if Kenangan Coffee knows or has sufficient reasons to suspect that the User has transferred or allowed the User’s Account to be used by someone else.

7. Kenangan Coffee, without prior notice to the User, has the authority to take any necessary action for every suspicion of violation of the Terms and Conditions and/or Privacy Policy and/or prevailing laws, i.e. suspension and/or deletion of the User’s Account.

8. In using the Application and/or Services, the User is prohibited from doing the following:

(a) creating and/or using devices, software, features, and/or other tools meant to manipulate the Application’s system, including but not limited to: (i) manipulation of Application data; (ii) crawling/scraping; (iii) transaction automation; (iv) any other activity that may be reasonably perceived as a manipulation of the system;

(b) abusing or using the Application, Services, or Payment Method for fraudulent purposes, causing inconvenience to others, requesting fake orders or other actions that may or be deemed to cause losses in any form toward other people or Kenangan Coffee;

(d) using and/or unauthorized accessing to the Application to damage, weaken or harm any aspects of the Application, Services or related systems and networks.

9. The User is personally responsible for keeping the confidentiality of his/her Account in terms of all activities that happen in the User’s Account.

10. Kenangan Coffee shall never ask the username, text message (SMS) verification code, or OTP code of the User’s Account for any reason whatsoever. Therefore, Kenangan Coffee requests the User to not provide such data or other important data to anyone who claims to be Kenangan Coffee or any other party whose security cannot be guaranteed.

11. The User agrees to procure that the User shall inform Kenangan Coffee of any unlawful use of the User’s password or Account. Kenangan Coffee will take actions that Kenangan Coffee considers necessary and may do toward that unauthorized use.

12. The User hereby declares that Kenangan Coffee, its parent company, subsidiaries, affiliates, directors and/or employees are not responsible for the loss or problem that occurs from the misuse of the User’s Account caused by the User’s negligence, including but not limited to, lending or providing access of Account to other parties, accessing links provided by other parties, providing or showing OTP or password to other parties, or other negligence of the User which results to loss or obstacle in the User’s Account. In such cases, Kenangan Coffee assumes any use or order made through the User’s Account as a legitimate request from the User.

13. The User understands and agrees to use the security facility of OTP and any costs or fees from the relevant telecommunication service provider for such purpose shall be fully borne by Kenangan Coffee.

14. If the User uses a device that supports fingerprint and/or facial recognition features, the User can activate the device's authentication feature to log in to our Application.

New User

“New User” is a User who registers a mobile phone number that was previously never registered in the Application, and who uses electronic devices that are previously never used to register any mobile phone number whatsoever in the Application. All promotions performed by Kenangan Coffee concerning the New User shall follow that definition.

The privacy of the User is very important for Kenangan Coffee. By using the Application or providing information in the Application, the User agrees that Kenangan Coffee may collect, use, disclose, and/or process the User’s personal information or personal data. Collection, storing, processing, use and sharing of the User’s personal information, such as name, and mobile phone number User provided when opening an Account are subject to the Privacy Policy, which is an integral part of this Terms and Conditions.

Account Deletion

The User may delete the User’s Account at any time in the Application (the “Account Deletion”). Despite such Account Deletion, the User remains responsible and has obligations for every incomplete transaction (including such transaction starts before such Account Deletion), payment for products, or similar, and the User must contact Kenangan Coffee after the User immediately and effectively perform and complete all incomplete transactions. Kenangan Coffee, its parent company, subsidiaries, affiliates, directors and/or employees are not responsible, and shall not be responsible, for all damages that occur due to an action taken in accordance with this paragraph. The User waives each of and all claims based on such action taken by Kenangan Coffee, its parent company, subsidiaries, affiliates, directors and/or employees.

Upon request or in the event of Account Deletion, the User’s Account will be permanently deleted. This deletion process involves the removal of all data associated with the User's Account, including any personal information, transaction history, rewards, or other account-related information. Once this deletion is complete, the User’s Account and its data will no longer be accessible, and no method of recovery will be available.

In the event of Account Deletion occurs, Kenangan Coffee reserves the right to determine and impose consequences for the Account Deletion, including but not limited to, the following matters:

1. Promotions and Benefits: Upon Account Deletion, all promotions, benefits, achievements, membership levels that have been obtained by the User prior to the Account deactivation date will be removed, become invalid and non-refundable, unless determined otherwise at the sole discretion of Kenangan Coffee.

2. Stamp Collection: In the case of Account Deletion, all stamps accumulated in the User’s collection will be permanently lost, and the User’s stamps collection progress will be reset to zero. Any stamps or rewards previously earned through the User’s account will no longer be accessible or redeemable after termination. If the User later chooses to rejoin the Application, be aware that the User’s prior stamps collection progress cannot be recovered, restored, or applied to any new account. By agreeing to these terms, the User acknowledges that the loss of the User’s stamps collection is permanent and cannot be reversed upon Account Deletion.

Kenangan Coffee reserves the right to further determine all and other consequences for the Account Deletion.

Purchase Transaction

Purchase of Kenangan Coffee products may be performed by using the “Pick Up” option in the Application.

Pick Up:

The User agrees to pick up the purchased products in a store location selected by the User during the purchasing process.

The User agrees to provide an information order to the barista when picking up the purchased products. All orders and purchased products cannot be canceled if their status is “Preparing Order” in the Application.

Voucher Package

Voucher Package can be purchased through the Application. The purchase price of the Voucher Package is the price listed on the Application at the time of purchase. Payment for the Voucher Package must be made with a Payment Method accepted by Kenangan Coffee.

Voucher Package has a validity period specified on the Voucher Package itself. Expired Voucher Package will not be accepted for redemption.

Voucher Package can be redeemed for the purchase of Kenangan Coffee products offered in the Application. To redeem a Voucher Package, the User must apply for the Voucher Package on the checkout page of the Application. If the Voucher Package value is not sufficient to redeem the products, the User will be required to pay the shortfall amount by using the applicable Payment Method in the Application.

Further provisions regarding Voucher Package are further stipulated in the details of each related Voucher Package in the Application.

Kenangan Coffee will not be responsible for any errors or delays in voucher transactions due to technical issues or circumstances beyond our control.

Refund Policy

Kenangan Coffee reserves the right to make an assessment at its sole discretion on any refunds that will be made to the User (including but not limited to the assessment of the condition purchased product as mentioned above).

Kenangan Coffee does not monitor the cancellation and refund process of offline payments.

Product Price

Kenangan Coffee reserves the right to change the price of its products from time to time at its sole discretion without having to notify the User. The change of price shall become effective when it has been posted or updated in the Application and shall not affect any transactions already paid by the User before the time of change.

Promos

Changes in product prices relating to promos performed by Kenangan Coffee shall follow the terms and conditions of the ongoing promos.

Payment

The User may pay the purchased product through the Services by electronic payment methods, provided by Kenangan Coffee or third parties (the “Payment Method Provider”), on Application, including electronic money, loan facility, debit or credit card or other payment methods (the “Payment Method”) which may vary from time to time based on Kenangan Coffee’s sole discretion.

To enable payment by Payment Method, the User must register officially on the Payment Method Provider the User chooses and use the User’s personal payment credentials. If the User uses another party’s registered credentials, the User is fully responsible for all licenses required and all losses or disputes arise between the User and that other party.

Kenangan Coffee reserves the right to refuse or postpone the User’s payment request using the Payment Method for certain reasons, including but not limited to, any indication or Kenangan Coffee has sufficient reasons to suspect any fraud, deceit, violation against this Terms and Conditions, violation against applicable laws or any unusual or suspicious behavior.

Rights Granted by User to Kenangan Coffee

The User shall provide Kenangan Coffee with the rights to: (1) allow Kenangan Coffee’s Services to use the processor, bandwidth, and storage hardware in the User’s devices to convenience the operation of such Services, (2) provide advertisements and other information to the User, and (3) allow Kenangan Coffee’s business partners to perform the same things. Any part of the Kenangan Coffee’s Services content accessed by the User, including selection and placement, may be affected by commercial considerations, including agreements made by Kenangan Coffee with third parties./p>

If the User provides inputs, ideas, or suggestions to Kenangan Coffee relating to Kenangan Coffee’s Services or content (the “Input”), the User shall acknowledge that the Input is not confidential, and the User grants authority to Kenangan Coffee to use such Input without limitations and without payment to the User. Input shall be considered as a type of the User’s content.

Disclaimer of Warranty and Limitation of Liability

IN ANY CASE, KENANGAN COFFEE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, REPLACEMENTS, HEIRS, OR SUPPLIERS SHALL NOT BE RESPONSIBLE FOR:

1. LOSSES OR DAMAGES (INCLUDING INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR DETERRENT REIMBURSEMENT) THAT ARE UNPREDICT-ABLE, OTHER THAN LOSSES OR DAMAGES WHICH ARE PREDICTABLE, UNLESS EXPECTED AND CLEAR LOSSES OR DAMAGES OCCURS WHICH ARE THE NEGLIGENCE OF KENANGAN COFFEE;

2. EVERY:

(A) LOSS OF USE;

(B) LOSS OF DATA;

(D) LOSS OF PROFIT; OR

(E) DAMAGES IN SERVICES,

AS LONG AS THE USER MIGHT HAVE AVOIDED THE SAME BY FOLLOWING SUGGESTIONS FROM KENANGAN COFFEE TO IMPLEMENT UPDATES TO THE APPLICATION OR CONTENT, OR IF THE DAMAGES ARE CAUSED BY THE USER FAILING TO FOLLOW INSTALLATION INSTRUCTIONS PROPERLY OR DOES NOT HAVE THE MINIMUM SYSTEM REQUIREMENT SUGGESTED BY KENANGAN COFFEE.

IN ALL CASES THAT OCCURS FROM THE USE OR INABILITY OF USING THE KENANGAN COFFEE APPLICATION, DEVICES, THIRD PARTY APPLICATION, OR THIRD-PARTY APPLICATION CONTENT, WITHOUT LEGAL THEORIES, WITHOUT CARING WHETHER OR NOT KENANGAN COFFEE WAS INFORMED ABOUT THE POSSIBILITY OF SUCH A DAMAGE OCCURRING, OR EVEN IF RECOVERY EFFORTS FAILED TO ACHIEVE ITS PRIMARY PURPOSE

3. FAILURE TO PERFORM OR INSUFFICIENCY OF PERFORMANCE OR DELAY OF THE OBLIGATIONS THAT ARISE FROM THE AGREEMENT CAUSED BY EXIGENT CONDITIONS THAT CANNOT BE REASONABLE PREDICTED OR IS BEYOND REASONABLE CONTROL OF KENANGAN COFFEE.

There is no provision in this Terms and Conditions which eliminates or limits the responsibility of Kenangan Coffee for fraud, errors of interpretation, death, or injury caused by negligence, and if mandatory according to prevailing laws and regulations, serious negligence.

THIS ARTICLE SHALL APPLY AS LONG AS IT IS ALLOWED BY PREVAILING LAWS AND REGULATIONS. THE USER MAY HAVE RIGHTS ACCORDING TO PREVAILING LAWS AND REGULATIONS IN THE USER’S JURISDICTION THAT STIPULATES RECOVERY EFFORTS OTHER THAN THE ONES ALREADY STIPULATED ABOVE.

Kenangan Coffee always uses its best effort to keep Kenangan Coffee’s Services safe, convenient, comfortable, and well-functioning. However, Kenangan Coffee cannot guarantee constant operation, or that access to Kenangan Coffee’s Services may always be perfect. Information and data on the website and/or Application may not occur in real time.

The User agrees that the User uses Kenangan Coffee’s Services at his/her own risk, and that Kenangan Coffee’s Services are provided to the User in “AS IS” and “AS AVAILABLE”, and as far as allowed by prevailing laws, Kenangan Coffee shall exclude all representations, warranties, and provisions relating to the Application or Services and their use (including, without limitation, any warranty implied by the law in relation to satisfactory quality, suitability for purpose, and/or use of reasonable care and skill).

Kenangan Coffee does not own any responsibility, including to take further actions or legal actions deemed necessary by the User, for any problem or dispute arises between the User and the Payment Method Provider or other third party in relation to the Services.

To the extent permitted by prevailing laws, Kenangan Coffee (including its parent company, subsidiaries, affiliates, directors, and employee) is not liable, and the User agrees to not hold Kenangan Coffee, its parent company, subsidiaries, affiliates, directors and employees liable, for any damages or losses (including but not limited to the loss of money, reputation, profit, or other intangible losses) that are directly or indirectly caused by:

1. the User’s use or the User’s inability to use Kenangan Coffee’s Services.

2. the product price or any other indications available in Kenangan Coffee’s Services.

3. delay or obstruction in Kenangan Coffee’s Services.

4. negligence and losses caused by each of the User.

5. violation of intellectual property rights.

6. disputes between the Users.

7. the smearing of the reputation of other parties.

8. every misuse of the goods purchased by the User.

9. loss due to unofficial payments to other parties other than to the Kenangan Coffee’s official account, which in any way claims to be Kenangan Coffee, or negligence in writing of bank account and/or other information, and/or negligence of the bank.

10. virus or other dangerous software (bot, script, automation tool other than power merchant features, hacking tools) obtained by accessing, or connecting to Kenangan Coffee’s Services.

11. obstructions, bugs, errors, or any inaccuracies in Kenangan Coffee’s Services.

12. damages in the User’s hardware by using any Kenangan Coffee’s Services.

13. content, action, or lack of action from third parties, including related to the products in Kenangan Coffee Application which was allegedly fake.

14. enforcement actions taken in relation to the User’s Account.

15. hacking actions performed by third parties to the User’s Account.

Indemnity

The User shall release and discharge Kenangan Coffee, its parent company, subsidiaries, affiliates, directors and employees from damage, claims and shall protect Kenangan Coffee, its parent company, subsidiaries, affiliates, directors and employees from every claim or charge, including reasonable legal costs, performed by third party that arises if the User violates this Terms and Conditions and/or Privacy Policy, use improper application, and/or violate the laws and regulations or the rights of third parties.

Assistance

All problems related to the use of the Kenangan Coffee Application along with information about it can refer to the “Help” tab in the “Me” section.

Intellectual Property Right

Subject to this Terms and Conditions, Kenangan Coffee reserves the right to change, modify, suspend, or stop the Application or Services or part of it, at any time and for any reason whatsoever. The User is prohibited from imitating or framing part or all content of the Application, and from changing or modifying the Application, or creating other versions of the Application, with the aim of creating similar competing products or services by using ideas, features, functions or graphics similar to the Application. All content ownership, trademark, trademark Services, trademark name, logo, and other intellectual properties displayed on the Application are registered under the name of Kenangan Coffee, its holding, affiliates or sublicense. The User may not re-publish, sell, lease or sub-license, reproduce, use, or copy any materials whatsoever from the Application, or to re-distribute content from Kenangan Coffee or its affiliates (except for content specifically made for redistribution).

Any duplication, distribution, creation of derivative works, sale or offer to sell, display in whole or in part, and use of the Application and/or Services, either digitally or otherwise or on devices other than mobile phones or tablets, including but not limited to the use of additional applications such as modified applications, emulators, and others, which deviate from this Terms and Conditions, or the purpose of use designated by Kenangan Coffee, constitutes a violation of Kenangan Coffee or its affiliates’ intellectual property rights.

Application Software

Kenangan Coffee reserves the right to update the Application anytime. Currently, the official Application software in the official market, such as Google Play Store or Apple Store may be downloaded in Android and iOS, subject to the change of requirements for both systems and for use on mobile phones and tablet devices only. Downloading the Application from platforms other than official digital markets and/or to devices other than mobile phones or tablets is a violation of this Terms and Conditions and Kenangan Coffee intellectual property rights. Kenangan Coffee suggests that the User always updates the Application from time to time. There is a possibility that the Application becomes incompatible with the Android and iOS version installed by the User in their devices. Therefore, the User must always receive updates for the Application when available. Kenangan Coffee might stop providing Services through the Application and may stop its use at any time without providing any termination notice to the User. Therefore, after such termination, all rights and licenses provided to the User in this Terms and Conditions (if any) shall terminate, and the User must stop using the Application and delete it from their devices.

This Terms and Conditions does not constitute a transfer agreement and does not give the User any ownership rights in or related to the Services, software and/or Application, or any intellectual property rights owned by Kenangan Coffee, its holding, affiliate and/or sublicense. Kenangan Coffee’s name, logo, Services, software and/or Application and product names associated with the software and/or Application are trademarks of Kenangan Coffee, its affiliates or third parties, and no rights or licenses granted to use them.

Miscellaneous

To provide good Kenangan Coffee’s Services to the User, the Application shall require registration for an account (the “Account”), which shall be made by selecting unique the User’s identification and password and by providing the User’s personal information. The User may use the User’s Account to perform orders and purchases of Kenangan Coffee products. The Users are required to maintain the confidentiality of his/her identity and the User’s Account password, and to log out from the User Account at the end of each session. Please inform Kenangan Coffee immediately if the User notices any unauthorized use of the User’s Account, and make sure that your User Account information is accurate and updated. The User is fully responsible for all activities that occur under the User Account, even though such activity or use is not performed by the User.

Kenangan Coffee, its holding, subsidiaries, affiliates, directors and employees shall not be responsible for any loss or damage that occurs from use of invalid User’s password or from the failure of the User to comply with the provisions of this paragraph. Kenangan Coffee reserves the right to refuse in providing the User access to site or Services, or to allow the User to open an Account, for any reason whatsoever.

Please note that using the Application shall require an active internet connection, and therefore, the User must procure that their mobile phone has internet connection when using the Application, whether provided by the User’s cellular network provider or Wi-Fi. The Application shall function optimally if the User has access to Wi-Fi and sufficient data quota that can be used and stable internet connection. Otherwise, the Application shall not function, and Kenangan Coffee cannot be responsible for it. There is a possibility that the User’s mobile service provider may impose data costs for connection while using the Application, and by using the Application, the User accepts responsibility for such costs, including costs for data roaming if the User uses the Application outside their area of origin (i.e. country or territory) without turning off the data roaming feature.

The User fully understands and agrees that this Terms and Conditions constitutes an electronic agreement and the User’s action of pressing the ‘register’ button when signing-up an Account or the ‘sign in’ button when signing-in to the User’s Account is the User’s active consent to enter into an agreement with Kenangan Coffee that this Terms and Conditions and Privacy Policy are legally valid and binding and shall continue so long as the User uses the Application or Services. The User shall not sue nor object to the validity of this Terms and Conditions or the Privacy Policy which are made in the electronic form.

The User shall not transfer his/her rights based on this Terms and Conditions without prior written approval from Kenangan Coffee. However, Kenangan Coffee may transfer its rights based on this Terms and Conditions to any party and any time without prior approval from or notice to the User.

If the User does not comply with or violate the provisions of this Terms and Conditions, and Kenangan Coffee does not take direct action, it does not mean that Kenangan Coffee waives its rights to take necessary actions in the future. This Terms and Conditions survives upon the temporary suspension, permanent suspension, deletion of the Application or expiration of this agreement between the User and Kenangan Coffee.

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

This Terms and Conditions shall be governed by laws of India, 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 and Conditions or the Services shall be referred to the Delhi International Arbitration Centre (“DIAC”), in accordance with the Rules of the DIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the User and Kenangan Coffee (the “Arbitrator”). If User and Kenangan Coffee are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of DIAC in accordance with the Rules. The seat and venue of the arbitration shall be New Delhi, in the English language and the fees of the Arbitrator shall be borne equally by User and Kenangan Coffee, 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.