As of December 2023
Welcome to Application of Kenangan Coffee (the “Application”),wherein users of Application (the “User”) may order products under Kenangan Coffee and use Kenangan Wallet, a designated payment instrument issued by Kenangan Coffee (“Kenangan Wallet”)every time User purchases products through the Application (the “Services”). Kenangan Coffee 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
Kopi Kenangan Sdn. Bhd. (Company Registration No. 202001006183 (1362503-M)) (“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 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 KENANGAN WALLET, OR PARTICIPATING IN A KENANGAN COFFEE 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 KENANGAN WALLET, 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 User for any registration fees whatsoever.
3. UsersUser who havehas registered havehas the right to act as buyers of Kenangan Coffee products in the Application.
4. Registration is done using mobile phone number and emaile-mail along with a one-time password (OTP) that will be sent to the registered mobile phone number and emaile-mail.
5. Data on personal attributes such as gender is not mandatory and shall be used for internal promotion purposes only.
6. 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 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 User’s Account or Kenangan Wallet.
8. In using the Application and/or Services, 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. 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 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. User agrees to procure that 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. 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 User’s Account caused by 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 emaile-mail to other parties, or other negligence of 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. User understand and agree to use the security facility of one-time password (OTP) and any costs or fees from the relevant telecommunication service provider for such purpose shall be fully borne by Kenangan Coffee.
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 Kenangan Coffee concerning the New User shall follow that definition.
The privacy of 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 User’s personal information or personal data. Collection, storing, processing, use and sharing of User’s personal information, such as name, e-mail address, 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 Deactivation
User may deactivate the User’s Account at any time. Despite such deactivation, User remains responsible and has obligations for every incomplete transaction (whether such transaction starts before or after such deactivation), payment for products, or similar, and 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. User waives each of and all claims based on such action taken by Kenangan Coffee, its parent company, subsidiaries, affiliates, directors and/or employees.
If the User deactivates the User’s Account, Kenangan Coffee reserves the right to determine and impose consequences for the deactivated Account, including but not limited to, the following matters:
1. All promotions, benefits, rewards, achievements, 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; and/or
2. User can reactivate an Account which has been previously deactivated. However, Kenangan Coffee reserves the right and sole discretion to determine whether the User who reactivates the Account is considered as a “New User” and is entitled to promotions and benefits from the Services as the New User.; and/or
3. Subject to the prevailing regulations, Kenangan Coffee may forfeit any remaining balance in the User’s Kenangan Wallet.
Purchase Transaction
Purchase of Kenangan Coffee products may be performed by using the “Pick Up” option in the Application.
Pick Up:
User agrees to pick up the purchased products in a store location selected by the User during the purchasing process.
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.
Kenangan Wallet
User can top up value for the purchase of Kenangan Coffee’s food, beverages, beans, and products in the Application through Kenangan Wallet.
User acknowledge and agree that only 1 (one) Kenangan Wallet can be registered to a single individual, and that a mobile phone number may only be associated with only 1 (one) Kenangan Wallet.
User’s Kenangan Wallet will hold only Malaysian Ringgit currency. The minimum amount that can be loaded into Kenangan Wallet is RM10. A maximum amount of RM500 is permitted on Kenangan Wallet at any given time and the amount that can be reloaded into the Kenangan Wallet ranges from RM10 to RM100 for each reload transaction. Kenangan Coffee may change these maximum and minimum amounts at any time by notifying at the point of sale or become effective when it has been posted or updated in the Application.
User may choose the payment method of e-wallet, bank transfer, any credit or debit cards or such other methods of payment as may be made available in the Application from time to time to reload balance of Kenangan Wallet. Selecting a particular payment method means the User is agreeing to the terms of service of Kenangan Coffee’s processing partners and User’s financial institution. User will bear all fees that may be charged by such processing partners and/or financial institutions (if any) for the payment method User’s has selected.
As Kenangan Wallet reload may involve credit card transactions through a financial institution, in the event of any error in such transaction which results in a reversal, fee, claim, penalty or chargeback from the financial institution, Kenangan Coffee reserves the right to clawback the amount (up to the disputed amount) from User’s Kenangan wallet or by any other way it deems fit in its sole discretion. User shall be responsible to resolve any disputes with User’s credit card company on its own.
Kenangan Coffee may at its sole and absolute discretion reject User’s request to reload Kenangan Wallet for any reason whatsoever, including without limitation, where User’s proposed Kenangan Wallet top up: (a) would cause the aggregate amount of stored value held by Kenangan Coffee, directly or indirectly, alone or together with any person over whom Kenangan Coffee has control or influence, to exceed any value permitted under the prevailing laws and regulations; or (b) would cause the amount of Kenangan Wallet held by User to exceed the respective maximum amount for Kenangan Wallet detailed above.
There shall be no charges levied by Kenangan Coffee on usage of the Kenangan Wallet. User’s Kenangan Wallet will expire if not used or is inactive in three (3) years from the last transaction date (inclusive of activation and last reload date). Thereafter, User’s Kenangan Wallet shall be deemed dormant, expired, is not valid for any use and will be automatically deactivated. Subject to the prevailing regulations, any remaining credit balance on User’s Kenangan Wallet will be automatically forfeited upon deactivation under any circumstances.
User may withdraw or obtain a refund of User’s Kenangan Wallet prior to deactivation by contacting our customer service and subject to this Terms and Conditions.
User may not transfer Kenangan Wallet balance to, and receive Kenangan Wallet balance from, other Kenangan Wallet Users, reload balance of other Kenangan Wallet Users, and/or combine Kenangan Wallet with other payment methods available to purchase Kenangan Coffee products.
Kenangan Wallet can only be used to purchase Kenangan Coffee products through the Application. User will not receive interest or other earnings on User’s Kenangan Wallet. Kenangan Coffee may receive interest on amounts that Kenangan Coffee holds on User’s behalf. User agrees to assign its rights to Kenangan Coffee for any interest derived from User’s Kenangan Wallet.
User may check User’s Kenangan Wallet balance in the Application. Kenangan Wallet balance set out in the Application shall serve as a conclusive evidence of User’s Kenangan Wallet balance.
User agrees to immediately notify Kenangan Coffee on the following customer service number: [*] of any fraudulent activity or theft of funds in the Kenangan Wallet of which you become aware. Kenangan Coffee has the right to suspend the processing of any transaction or forfeit User’s Kenangan Wallet balance where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where Kenangan Coffee reasonably believes you to be in breach of the Terms and Conditions.
User agrees that you will cooperate in relation to any financial crime screening that is required and to assist Kenangan Coffee in complying with any prevailing laws or regulations in place. Should User’s Kenangan Wallet be banned due to investigation by any governmental or regulatory body(ies), Kenangan Coffee reserves the right to retain User’s money indefinitely and/or release it per instruction from the governmental or regulatory body(ies).
Kenangan Coffee may offer additional benefits and/or any promotions in relation to reload or top up of Kenangan Wallet. The User may be entitled to additional benefits, among others, a bonus voucher of a specified value or percentage of the reloaded amount. Bonus vouchers are non-transferable, can only be redeemed for the purchase of Kenangan Coffee products, will have an expiry date mentioned upon issuance and cannot be exchanged for cash or other monetary equivalents. Such bonus vouchers and/or promotions are valid within their stipulated periods and subject to any other terms and conditions of such promotions whereby such terms shall prevail over the provisions of this Terms and Conditions to the extent that such terms relate to such promotions.
Anti-Money Laundering
User of Kenangan Wallet may be required to provide to Kenangan Coffee such data to allow it to establish and verify their identity both at the time of opening Kenangan Wallet and on ongoing basis, in order to facilitate compliance by Kenangan Coffee with the provisions of Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”).
The User hereby acknowledge that Kenangan Coffee and its affiliates may use such data provided for the purposes of establishing User’s identity and implementing an ongoing monitoring program to ensure the adherence of Kenangan Coffee and the User to the provisions of AMLA, and complying with any anti-money laundering or counter terrorism financing laws applicable to it or its affiliates, together with sharing such data internally with its affiliates and with third-party outsourcers (within Malaysia), as well as in relation to transfers and reporting of such data and your transactions to regulators and law enforcement agencies as Kenangan Coffee may deem appropriate.
Kenangan Voucher
Kenangan Vouchers have a validity period specified on the Kenangan Voucher itself. Expired Kenangan Vouchers will not be accepted for redemption.
Kenangan Vouchers can be redeemed for the purchase of Kenangan Coffee products offered in the Application. To redeem a Kenangan Voucher, the User must apply for the Kenangan Voucher on the checkout page of the Application. If Kenangan Voucher 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.
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
User may pay the purchased products through the Services by electronic payment methods, provided by Kenangan Coffee or third parties (the “Payment Method Provider”), on Application, including Kenangan Wallet, 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, User must register officially on the Payment Method Provider User choose and use 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 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
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.
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 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;
(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 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.
User agrees that 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. User’s use or 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 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 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
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. Users are 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 affiliates or sublicense. 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).
Kenangan Coffee reserves the right to update the Application anytime. Currently, the official Application software 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 of Kenangan Coffee intellectual property rights. Kenangan Coffee suggests that 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 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 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 User’s identification and password and by providing User’s personal information. User may use User’s Account to perform orders and purchases of Kenangan Coffee products. Users are required to maintain the confidentiality of his/her identity and User’s Account password, and to log out from the User Account at the end of each session. Please inform Kenangan Coffee immediately if User notices any unauthorized use of User’s Account, and make sure that your User Account information is accurate and updated. User is fully responsible of all activities that occurs under the User Account, even though such activity or use is not performed by the User.
Kenangan Coffee, its parent company, 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 User access to site or Services, or to allow 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.
User fully understands and agrees that this Terms and Conditions constitutes an electronic agreement and User’s action of pressing the ‘register’ button when signing-up an Account or the ‘sign in’ button when signing-in to User Account is 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 User uses the Application or Services. 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.
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 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 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 this Terms and Conditions or the Services shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of 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 AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, 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.