As of July 22, 2025
Welcome to Application of Kopi Kenangan (the “Application”), wherein users of Application (the “User”) may order products under Kenangan Brands, such as Kopi Kenangan, Kenangan Heritage, Kenangan Signature, Cerita Roti, Chigo, Chigo x Flip, Flip Burger and Kenangan Manis, and may participate in the point collection program in the Application (“Kenangan Points”) or the new Kopi Kenangan loyalty program (“Kenangan VIP”) every time User purchases products through the Application (the “Services”) or come directly to the store by providing phone number to the barista first. Kopi Kenangan wishes to provide User with the best Services through the Application, and hopes that by using the Application, User may discover a simple way to obtain products and to enjoy them conveniently and comfortably.
About the Application
PT Bumi Berkah Boga (“Kopi Kenangan”, 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 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 Kopi Kenangan Application Terms of Use and agree to additional Kopi Kenangan Application Terms of Use that are integral part of this Kopi Kenangan Application Terms of Use (hereinafter, Kopi Kenangan Application Terms of Use, additional Kopi Kenangan 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. Kopi Kenangan 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, by changing 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, Kopi Kenangan 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 posted in 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 KOPI KENANGAN APPLICATION, OPENING AN ACCOUNT, OR PARTICIPATING IN A KOPI KENANGAN PROGRAM, THE USER AGREES TO ACCEPT AND BE BOUND BY THIS TERMS AND CONDITIONS. IF 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 KOPI KENANGAN PROGRAM.
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. Kopi Kenangan does not ask the User for any registration fees whatsoever.
3. the User who has registered has the right to act as buyer of Kenangan Brands products.
4. registration is done using mobile phone number and e-mail along with one-time password (OTP) that will be sent to the registered mobile phone number and e-mail.
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. Kopi Kenangan reserves the right to refuse for facilitating orders if Kopi Kenangan knows or has sufficient reasons to suspect that the User has transferred or allowed User’s Account to be used by someone else.
7. Kopi Kenangan, 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;
(c) deleting any copyright, trademark or other ownership notices contained in the Application (if any); and
(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 happens in the User’s Account.
10. Kopi Kenangan shall never ask the username, text message (SMS) verification code, or OTP code of the User’s Account for any reason whatsoever. Therefore, Kopi Kenangan requests the User to not provide such data or other important data to anyone who claims to be Kopi Kenangan or any other party whose security cannot be guaranteed.
11. the User agrees to procure that User shall inform Kopi Kenangan of any unlawful use of the User’s password or Account. Kopi Kenangan will take actions that Kopi Kenangan considers necessary and may do toward that unauthorized use.
12. the User hereby declares that Kopi Kenangan, 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 one-time password (OTP), password or e-mail to other parties, or other negligence of the User which results to loss or obstacle in the User’s Account. In such cases, Kopi Kenangan assumes any use or order made through the User’s Account as 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 Kopi Kenangan.
14. If the User uses a device that supports fingerprint and/or facial recognition features, the User can enable those device authentication features to log in to our Application.
New User
“New User” is a User who registers a mobile phone number and e-mail address that was previously never registered in the Application, and who uses electronic devices that are previously never used to register any mobile phone number and e-mail address whatsoever in the Application. All promotions performed by Kopi Kenangan concerning the New User shall follow that definition.
The privacy of the User is very important for Kopi Kenangan. By using the Application or providing information in the Application, the User agrees that Kopi Kenangan 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, e-mail address, and mobile phone number the User provided when opening an Account are subject to the Privacy Policy, which is an integral part of this Terms and Conditions.
Account Deletion and Reactivation
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 the transaction started before or after such Account Deletion), payment for products, or similar, and User must contact Kopi Kenangan after the User immediately and effectively perform and complete all incomplete transactions. Kopi Kenangan, its parent company, subsidiaries, affiliates, directors and/or employees are not responsible, and shall not be responsible, for all losses that occurs due to an action taken in accordance with this paragraph. The User waives each of and all claims based on such action taken by Kopi Kenangan, its parent company, subsidiaries, affiliates, directors and/or employees.
In the event of Account Deletion, Kopi Kenangan will retain the User’s personal information for 90 (ninety) calendar days from the date of the Account Deletion (the “ Retention Period”).
The User may reactivate their Account before the end of the Retention Period by reinstalling the Application. An Account reactivated during the Retention Period will only restore access to the Kenangan Points feature. Kenangan Points accumulated by the User prior to Account Deletion will be reinstated, allowing the User to redeem them for various exciting Kopi Kenangan products.
Although the User may reactivate their Account and regain access to the Kenangan Points feature, it is important to note that there are several consequences and impacts related to the reactivated Account, including but not limited to the following:
1. Kenangan VIP: The User’s Kenangan VIP membership status will be reset to the beginning (zero), meaning the User must restart the process to reach higher membership levels and gain greater benefits.
2. Vouchers and Welcome Voucher: All vouchers purchased or obtained by the User before the Account Deletion will be lost. These vouchers cannot be recovered, and the User must obtain new vouchers through purchases, the loyalty program, or other promotions. Furthermore, the User will not receive a new Welcome Voucher upon reinstalling the Application. Welcome Vouchers are only provided to New User who register for the first time on the Application.
3. Transaction History: The User’s transaction history prior to the Account Deletion will be erased and reset, meaning the User will no longer be able to view their past purchases and transaction records.
Kopi Kenangan reserves the discretion to further determine any consequences and impacts on Accounts that are reactivated before the end of the Retention Period.
Purchase Transaction
Purchase of Kenangan Brands products may be performed by using the “Pick Up” or “Delivery” methods 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 information and order number to the barista when pick up the purchased products. All orders and purchased products cannot be canceled if their status are “Preparing Order” in the Application.
Delivery:
The User can select the Delivery feature when making a purchase in the Application. By choosing to purchase products through Delivery, the User is deemed to agree with the terms and conditions of the third party involved with the delivery service or shipping services (the “Delivery Party”), including the privacy policy of the Delivery Party. The User agrees that Kopi Kenangan, its parent company, subsidiaries, affiliate, directors and/or employees, are not responsible for any losses caused by negligence or any form of error of the Delivery Party for the products purchased by the User.
The User agrees to provide CORRECT and PROPER address BEFORE PAYMENT is made. Any changes made to the User’s address after the purchase transaction will not affect the purchase that has been paid for.
Kopi Kenangan will provide details of the Delivery Party’s courier or partner who is responsible for the delivery of the User’s product in the relevant transaction.
All orders and purchased products cannot be canceled if their status are “Preparing Order” in the Application.
The User shall treat barista, employees of Kopi Kenangan, or other third party in relation to the Services respectfully and shall not engage in unauthorized, threatening or harassing behaviors when using the Services.
Voucher Package
Voucher Packages can be purchased through the Application. The purchase price of the Voucher Package is the price displayed in the Application at the time of purchase. Payment for the Voucher Package must be made using the Payment Methods accepted by Kopi Kenangan.
The Voucher Package has a validity period as stated in the terms and conditions related to the Voucher Package in the Application. Expired Voucher Package cannot be redeemed.
All purchases of Voucher Packages are final and non-refundable. After purchasing a Voucher Package, Kopi Kenangan will not provide any refunds.
Voucher Packages can be redeemed for the purchase of Kopi Kenangan products offered in the Application. To redeem a Voucher Package, the User must apply the Voucher Package on the Application’s payment page. If the Voucher Package value is insufficient to cover the purchase, the User will be required to pay the remaining balance using the Payment Methods available in the Application.
Further provisions regarding Voucher Packages are regulated in detail within each specific Voucher Package in the Application.
Refund Policy
Subject to this Terms and Conditions, Kopi Kenangan shall refund the User’s payment for orders made through the Application in the form of Kenangan Points which may be used to purchase of next Kenangan Brands products through the Application, if the following conditions occur:
1. in the event that purchased product is made through the ‘Delivery’ option, the User has never received the ordered product, or the product has never been delivered by the Delivery Party to the User; and/or
2. the User receives the ordered product with very poor quality.
Kopi Kenangan 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 conditions as mentioned above).
Kopi Kenangan does not monitor the cancellation and refund process of offline payments.
Product Price
Kopi Kenangan 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.
Complaints concerning the delivery of the products may be reported to the “Live Chat” through the ‘Whatsapp Service’ in the Application.
Delivery Fees
The basic fees for the delivery of Kenangan Brands products ordered by the User shall follow the price designated by the Delivery Party. Kopi Kenangan, its parent company, subsidiaries, affiliates, directors and/or employees are not responsible for any determination of basic delivery fees designated by the Delivery Party.
Promos
Changes in product prices or delivery fees relating to promos performed by Kopi Kenangan shall follow the terms and conditions of the ongoing Promos.
Payment
The User may pay the purchased products through the Services and the Application by electronic payment methods, provided by 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 Kopi Kenangan’s sole discretion.
To enable payment by Payment Method, the User must register officially on the Payment Method Provider the User choose and use the User’s personal payment credentials. If the User uses other 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.
Kopi Kenangan 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 Kopi Kenangan has sufficient reasons to suspect any fraud, deceit, violation against this Terms and Conditions, violation against applicable laws or any unusual or suspicious behaviour.
Rights Granted by the User to Kopi Kenangan
The User shall provide Kopi Kenangan with the rights to: (1) allow Kopi Kenangan’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 Kopi Kenangan’s business partners to perform the same things. Any part of the Kopi Kenangan’s Services content accessed by the User, including selection and placement, may be affected by commercial considerations, including agreements made by Kopi Kenangan with third parties.
If the User provides inputs, ideas, or suggestions to Kopi Kenangan relating to Kopi Kenangan’s Services or content (the “Input”), the User shall acknowledge that the Input is not confidential, and the User grants authority to Kopi Kenangan to use such Input without limitations and without payment to the User. The Input shall be considered as a type of the User’s content.
Disclaimer of Warranty and Limitation of Liability
IN ANY CASE, KOPI KENANGAN, 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 UNPREDICTABLE, OTHER THAN LOSSES OR DAMAGES WHICH ARE PREDICTABLE, UNLESS EXPECTED AND CLEAR LOSSES OR DAMAGES OCCURS WHICH ARE THE NEGLIGANCE OF KOPI KENANGAN;
2. EVERY:
(A) LOSS OF USE;
(B) LOSS OF DATA;
(C) LOSS OF BUSINESS;
(D) LOSS OF PROFIT; OR
(E) DAMAGES IN SERVICES,
AS LONG AS THE USER MIGHT HAVE AVOIDED THE SAME BY FOLLOWING SUGGESTIONS FROM KOPI KENANGAN 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 KOPI KENANGAN.
IN ALL CASES THAT OCCURS FROM THE USE OR INABILITY OF USING THE KOPI KENANGAN APPLICATION, DEVICES, THIRD PARTY APPLICATION, OR THIRD PARTY APPLICATION CONTENT, WITHOUT LEGAL THEORIES, WITHOUT CARING WHETHER OR NOT KOPI KENANGAN 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 KOPI KENANGAN.
There is no provision in this Terms and Conditions which eliminates or limits the responsibility of Kopi Kenangan for fraud, errors of interpretation, death, or injury caused by negligence, and if mandatory according to prevaling laws and regulations, serious negligance.
THIS PROVISION 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.
Kopi Kenangan always uses its best effort to keep Kopi Kenangan’s Services safe, convenient, comfortable, and and well-functioning. However, Kopi Kenangan cannot warranty constant operation, or that access to Kopi Kenangan’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 Kopi Kenangan’s Services at his/her own risk, and that Kopi Kenangan’s Services are provided to the User in “AS IS” and “AS AVAILABLE”, and as far as allowed by prevailing laws, Kopi Kenangan 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).
Kopi Kenangan 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 Delivery Party, Payment Method Provider or other third party in relation to the Services.
To the extent permitted by prevailing laws, Kopi Kenangan (including its parent company, subsidiaries, affiliates, directors, and employee) is not liable, and the User agrees to not hold Kopi Kenangan, 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 User’s inability to use Kopi Kenangan’s Services.
2. the product price, delivery fees, or any other indications available in Kopi Kenangan’s Services.
3. delay or obstruction in Kopi Kenangan’s Services.
4. negligance and losses caused by each of the User.
5. delivery of goods by the Delivery Party.
6. violation of intellectual property right.
7. disputes between the User.
8. the smearing of reputation of other parties.
9. every misuse of the goods purchased by the User.
10. loss due to unofficial payments to other parties other than to the Kopi Kenangan’s official account, which in any way claims to be Kopi Kenangan, or negligence in writing of bank account and/or other information, and/or negligence of the bank.
11. virus or other dangerous software (bot, script, automation tool other than power merchant features, hacking tools) obtained by accessing, or connecting to Kopi Kenangan’s Services.
12. obstructions, bugs, errors, or any inaccuracies in Kopi Kenangan’s Services.
13. damages in the User’s hardware by using any Kopi Kenangan’s Services.
14. content, action, or lack of action from third party, including related to the products in Application which was allegedly fake.
15. enforcement actions taken in relation to the User’s Account.
16. hacking actions performed by third parties to the User’s Account.
Indemnity
The User shall release and discharge Kopi Kenangan, its parent company, subsidiaries, affiliates, directors and employees from damage, claims and shall protect Kopi Kenangan, 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 Kopi Kenangan Application along with information about it can refer to, among others, the “Help” tab, the “Report” tab or the “Whatsapp Service” tab in the “Me” section in the Application.
Intellectual Property Right
Subject to this Terms and Conditions, Kopi Kenangan 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 Kopi Kenangan, its 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 Kopi Kenangan or its affilates (except for content specifically made for re-distribution).
Any duplication, distribution, creation of derivative works, sale or offer for sale, display—whether in part or in full—as well as the use of the Application and/or Services, whether 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 apps, emulators, and others that deviate from these Terms and Conditions or the intended use set by Kopi Kenangan, constitute a violation of Kopi Kenangan’s intellectual property rights.
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 Kopi Kenangan, its and/or sublicense. Kopi Kenangan’s name, logo, Services, software and/or Application and the Delivery Party’s logo and product names associated with the software and/or Application are trademarks of Kopi Kenangan, its affiliates or third parties, and no rights or licenses granted to use them.
Kopi Kenangan 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.
Application Software
Kopi Kenangan may, from time to time, develop the Application including modifications, repairs, enhancement, updates, additions, and all programs, features, data and information within the Application (the “ Update”). The use of these Updates are to enhance the functions of the Application and to provide you an improved and enhanced experience. Kopi Kenangan suggests that the User always updates the Application from time to time.
Update may be made and performed automatically or may require action from the User. The User agrees to receive such Updates when available and permit Kopi Kenangan to deliver them to the User as part of the User’s use of the Application. Please note that the Application may not operate optimally or may not operate at all if the Update is not installed or carried out by the User. While the Update may be automatically deployed or require your manual intervention, please be advised that in the event any form of discrepancies exist due to possible gaps between those Updates, usage of the Application represents your confirmation that the latest version shall prevail.
Kopi Kenangan cannot guarantee that Update will be available, or that those Updates will be compatible or always compatible with the User’s mobile device specifications and/or the User’s operating system.
The official Application software may be downloaded on official digital marketplaces, such as Google Play Store or Apple App Store, which 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 of Kopi Kenangan intellectual property rights.
Miscellaneous
To provide good Kopi Kenangan’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 User’s Account to perform orders and purchases of Kenangan Brands products and to collect Kenangan Points and Kenangan VIP. 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’s Account at the end of each session. Please inform Kopi Kenangan immediately if the User notices any unauthorized use of the User’s Account, and make sure that the User’s Account information is accurate and updated. The User is fully responsible of all activities that occurs under the User’s Account, even though such activity or use is not performed by the User.
Kopi Kenangan, its parent company, subsidiaries, affiliates, directors and employees shall not be responsible for any loss or damage that occurs from use of invalid the User’s password or from the failure of the User to comply with the provisions of this paragraph. Kopi Kenangan 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 or tablet 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 Kopi Kenangan 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 Account is the User’s active consent to enter into an agreement with Kopi Kenangan 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 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 onditins without prior written approval from Kopi Kenangan. However, Kopi Kenangan 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 Kopi Kenangan does not take direct action, it does not mean that Kopi Kenangan 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 Kopi Kenangan.
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 is made in Indonesian and English language. In the event of any differences between both versions, the provision in Indonesia language shall prevail.
This Terms and Conditions shall be governed by Indonesian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms and Conditions or the Services shall be referred to the Indonesian National Arbitration Board (“ BANI”), in accordance with the BANI Regulations as modified or amended from time to time (the “ Rules”) by a sole arbitrator appointed by the mutual agreement of the User and Kopi Kenangan (the “ Arbitrator”).
If the User and Kopi Kenangan are unable to agree on an arbitrator, the Arbitrator shall be appointed by the chairman of BANI in accordance with the Rules. The seat and venue of the arbitration shall be Jakarta, in the Indonesian language and the fees of the Arbitrator shall be borne equally by the User and Kopi Kenangan, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required for this arbitration clause to be enforceable under applicable law.
The User hereby agrees that in connection with Article 60 of Law No. 30 of 1999 (the “ Arbitration Law”), the arbitral award is final and binding on the User and Kopi Kenangan and based on that, the User and Kopi Kenangan do not have the right to appeal the arbitral award. The User and Kopi Kenangan hereby also expressly exclude the provisions of Articles 48.1 and 73 (b) of the Arbitration Law so that the mandate to the Arbitrator as stipulated through this Terms and Conditions remains valid until the final decision of the arbitration has been determined by the Arbitrator.