Terms & Conditions
Welcome to the Platform (as defined below), thank you for using or accessing the Services available through the Platform. The terms and conditions of the Services available on the Platform, including the use of the features contained therein, as stated on this page ("Terms and Conditions") regulate Your access to the Platform and the use of all the features therein ("Features") developed by Us, PT Bali Agro Mulia (“We” or “Farm Brew&Co”).
By accessing the Platform, You declare that You have read, understood and agree to be bound by these Terms and Conditions. If You do not agree to these Terms and Conditions, then You are not permitted to access the Services available on the Platform or use the Features. These Terms and Conditions can be considered as a master agreement which becomes a reference for regulating other terms and conditions including but not limited to the privacy policy or other provisions that may be made by Us from time to time. The invalidity of other terms and conditions will not cause these Terms and Conditions to become invalid, illegal, and/or unenforceable.
By agreeing to these Terms and Conditions, You are deemed competent according to Indonesian law and the law in the applicable jurisdiction. If You are not legally competent (including but not limited to minors, those under guardianship, or unauthorized representatives) and are not accompanied by and do not obtain the consent of a person who is considered competent to carry out legal actions when accessing Platform, then You are fully responsible for everything You do on the Platform, including but not limited to activities You do with other parties who use the Platform.
- Definition
- You mean every visitor and/or Member, whether or not have an Account on the Platform, who accesses and/or uses the Platform and the Features therein.
- Service Fee means the Service package fee as mentioned in Article 6.1.
- Personal Data means data relating to Your identity, contact, profile, behavior on the Platform, answers to Our personalized questions, and data related to Your personal information that can be identified either directly or indirectly towards You.
- Applicable Law means every national law, local province, municipality or other law, agency regulations, decisions, constitutions, decrees, regulations, binding government policies and statutes within the Republic of Indonesia.
- Services means the Services We provide on the Platform including all features and content available from time to time.
- Member means a Platform user who has an Account and purchases a Service package available on the Platform so that they will gain access as a Merchant consumer.
- Merchant Outlet means a place managed by a Merchant, including cafes, restaurants, resorts, hotels, beach clubs, attractions, and/or waiting rooms that are available to the public.
- Merchant means the party that manages the Merchant Outlet.
- Platform means a site and/or application in web-app and/or mobile form created and developed by Us.
- About Us and Services on the Platform
- We are a limited liability company in the coffee processing and trade sector that creates, manages and develops a Platform that functions as a means for Users to have a digital package-based reservation or visit Merchant outlets directly within a certain time limit and obtain special offers from a Merchants that collaborates with Us.
- In this matter, We only provide the facilities as stated in Article 2.1 of these Terms and Conditions, where Services at each Merchant Outlet are the responsibility of the Merchant You choose. Therefore, We are not responsible for the transactions You carry out with the Merchant and We are not responsible for the Services provided by the Merchant to You.
- We reserve the right at any time to change, delete, reduce, add and/or update the features on the Platform. Your continued use of the Platform will be deemed to constitute automatic acceptance of changes, deletions, reductions, additions and/or updates to Features.
- Account Terms
- To be able to access and use the features available on the Platform, You must create an account ("Account") in Our Platform by registering Yourself on the system in the Platform or by giving Us permission to access and use Your data and information from third party Services , such as but not limited to Google Account and/or Facebook, as long as permitted based on the terms set by the third party, and store log-in credentials to make it easier for You to access the Platform repeatedly. In the event that the data in the Account that You use comes from a third-party service and We need additional data about You, We will require You to provide the additional information required.
- You hereby declare that You are a competent person and are able to enter into an agreement that is valid according to law.
- You are required to fill in Personal Data completely, accurately, up to date, not contain misleading information, and honestly on the Account registration page with detailed data as determined by Us. We are not responsible for the consequences that occur if there is untrue, inaccurate or misleading information regarding the Personal Data that You provide in Your Account which causes losses to third parties or to Yourself.
- We may at any time request additional information regarding Your Personal Data for verification purposes. If You are not willing to provide this additional information, We have the right to limit Your use of the Platform and its features, including refusing to register an Account if You do not complete the required requirements.
- If Your Account has been registered on the Platform, You cannot register a subsequent Account using the same Personal Data as Your registered Account.
- You are prohibited from transferring, jointly using and/or selling Your registered Account to/with other parties.
- We, with Our own authority, can suspend Your Account and/or delete Your Account which will result in You being unable to access Your Account temporarily or permanently for suspected violations of the Terms and Conditions, and/or Applicable Law by providing notification to You via e-mail within 2x24 hours before the suspension and/or deletion of the Account is performed. We will return Your Account to its original state if You have corrected Your mistakes and You understand that all losses suffered by You during Account suspension are Your sole responsibility.
- You are responsible for the security of Your Account, including Your e-mail and password as well as the verification code generated and sent by Our system or a third-party system that We appoint. Therefore, You hereby declare that We are not responsible for any losses or problems arising from misuse of Your Account due to Your negligence or error. If there are indications of misuse of Your Account, We can only help You to check, suspend or stop Your access to Your Account after You notify Us about it via contact us feature on the Platform or other communication means that We provide from time to time.
- Services
We provide Services in the form of a means for You to be able to order a digital packages based reservation or visit Merchant outlets directly within certain time limits and receive special offers from Merchants who collaborate with Us. By selecting the Service package available on the Platform, You will obtain facilities in the form of: (i) use of Merchant Outlets; (ii) goods or Services provided by Merchant; and/or (iii) obtain special prices to purchase goods or Services provided by the Merchant. The Services available on the Platform may be developed by Us from time to time.
Considering that the goods available at the Merchant Outlet are goods provided by the Merchant, We cannot guarantee that You will at all times have a satisfactory experience or meet Your expectations every time You use goods or receive Services from the Merchant. The availability of goods sold by the Merchant is the Merchant's sole responsibility and We cannot guarantee that the goods will always be available when You visit the Merchant Outlet. You need to pay attention that Merchants may determine special terms and conditions in providing Services at Merchant Outlets, therefore You are advised to read and understand all special terms and conditions determined by Merchants. You hereby release Us for any losses and consequences arising from any transactions carried out with Merchants, including goods available at Merchant Outlets and Services provided by each Merchant.
We reserve the right, from time to time, to make adjustments to the list of Merchants collaborating with Us.
- Service Plans
- You must first select a service package available on the Platform before You can obtain facilities in the form of: (i) use of Merchant Outlets; (ii) goods provided by the Merchant; and/or (iii) obtain special prices to purchase goods provided by the Merchant.
- If the Service package has no more quota and/or if its validity period has expired, then You will no longer be able to enjoy the facilities referred to in Article 5.1 of these Terms and Conditions.
- Service packages are non-refundable, cannot be exchanged for other types of service packages, and cannot be transferred for use to third parties if it have been ordered on Your own behalf (except if when making the initial order, You ordered a service package for other Member). Service packages can only be used by Members who are registered as users of the service package and can only be claimed at the Merchant according to the service package You choose.
- If You still have remaining quota but the validity period of the Service package has expired, then the quota will be forfeited and cannot be used. If You extend the Service package, Your remaining quota that is not used in one Service package period cannot be used in the next period.
- Service Fees
- Service Packages will be subject to a fee (“Service Fee”). We are authorized from time to time to make adjustments to the terms and prices of Service Fees.
- Payment of Service Fees and taxes arising in accordance with applicable tax provisions must be paid by You after You have finished ordering the selected Service package and in accordance with the payment deadline stated on the payment page. If You do not make payment within the specified time, We have the right to automatically cancel the service package order. You hereby release Us from responsibility for any losses suffered by You as a result of such automatic cancellation.
- The Service Package will be automatically activated sometime after payment of the Service Fee has been confirmed. Service fees that have been paid are non-refundable.
- You need to understand that in order to support payment mechanisms, We may use third party Services including but not limited to payment system providers (payment gateways). To make a payment, You can choose the payment method that We provide on the payment page, which includes bank transfer, digital wallet (e-wallet), virtual account, credit card, or other payment methods that may be determined from time to time.
- Before making payment, We recommend that You double-check the nominal Service Fee and Service package ordered. In the event that a payment error occurs, either because the amount paid is less or more than the amount that should be paid, You need to notify Us of this via Contact Us Us feature or other communication means that We provide from time to time.
- The Merchant agrees to be fully responsible for maintaining the security of the credit card number, CVV number and OTP (one-time password) sent by the bank/other third party when making payment transactions.
- In the event that there is a purchase transaction on the Platform that is suspected of being fraudulent using a payment instrument that You own or misuse of a payment instrument that You own by a third party, especially a credit card, You must immediately contact Your bank or card issuer or other authorized party once You become aware of the misuse. the. We will not be responsible for any incidents of fraud or misuse of Your payment instruments by third parties under any circumstances, unless it can be proven that the fraud or misuse occurred due to Our negligence.
- Access Limitations on the Platform
- These Terms and Conditions will be valid for an indefinite period of time until terminated for the reasons specified in the Terms and Conditions.
- We, with Our own authority, may at any time suspend, limit or terminate Your access to the Platform, Features and/or Your Account either temporarily or permanently by providing notification via e-mail within 2x24 hours before the access restriction is carried out and without violating provisions of Applicable Law, for the following reasons:
- Your violation of all or part of these Terms and Conditions or failure to fulfill Your obligations towards Us;
- violations of the law that You commit that can harm Us directly or indirectly.
- Furthermore, if in Article 7.2 You do not respond, then We will provide notification for permanent Account deletion to You, in maximum of 7 (seven) days via registered e-mail after We have temporarily suspended, restricted or terminated Your access to the Platform, Features, and/or Your Account.
- Temporary or permanent suspension, limitation or termination of Your access to the Platform, Features and/or Your Account does not limit Us from demanding compensation, reporting to the authorities, and/or taking other actions that We deem necessary to protect Our interests.
- Access to Third Party Content
- The Platform may contain advertising or content belonging to third parties or links to third party sites, which are provided for Your information. These third party sites are not part of Our Platform and are not under Our control. Therefore, We are only responsible for all content that We own. We do not guarantee that any material provided by third parties on the Platform is quality content, accurate, trustworthy, or free from legal violations.
- We cannot control, endorse or monitor the content of third party sites and will not be responsible for any errors or omissions of third parties, and You are solely responsible for Your access to such sites. You should be aware that these Terms and Conditions do not cover Your access to such third party sites.
- We can display advertisements belonging to third parties who collaborate with Us on the Platform, where in order to maintain Your comfort and trust, We, with Our own authority, will review and curate the advertisements.
- If Your Account is deleted by Us based on the reasons and conditions set out in these Terms and Conditions, You can re-register if You want to re-access the Services on the Platform.
- You can report to Us if You find other User actions that You think violate these Terms and Conditions, and/or Applicable Legal Provisions.
- Automatic Preference
To improve the Services We provide to You through the Platform, We develop technology that can display certain Service packages, Merchant Outlet areas, or Merchant choices automatically using the information You provide into the Platform and Your activity history while using the Platform. Therefore, the more complete the information You provide and the more often You performing activities on the Platform, We can provide more accurate and relevant results for You.
- Your Personal Data
We will always safeguard Your personal data by referring to these Terms and Conditions and Applicable Law. Further provisions regarding the security of Your Personal Data can be accessed through Our Privacy Policy which is an inseparable part of these Terms and Conditions.
- Intellectual Property Rights
- The Platform, Features, names, trade names, logos, nuances, appearance, writing, images, videos, content, programming code, Services and other materials provided by Us on the Platform ("Materials") are protected by copyright and intellectual property rights others based on Applicable Law. All rights, ownership and interests in the Material belong to Us or to the Merchant where We have obtained approval from the Merchant to display his material on the Platform. For the Material that We own, We grant You a limited, non-exclusive, non-saleable and non-transferable license which can be revoked or withdrawn at Our sole discretion. You hereby understand that You shall have no right, title or interest in the Materials unless otherwise provided by these Terms and Conditions.
- You are prohibited from copying, modifying, printing, adapting, translating, creating imitation works from, distributing, licensing, selling, transferring, duplicating, transmitting, creating derivative works from Our Material, cutting, disassembling or exploiting any part of the Platform We.
- If We find indications/allegations of violations of these Terms and Conditions, especially regarding intellectual property rights to Our material, We have the right to carry out further investigations, terminate Your access to the Platform and its features, and take other legal action to follow up on the indications/allegations. the violation.
- Prohibition
- You may only access the Platform and use the Features for Your interests without violating the law or anyone's rights. When accessing the Platform and/or using Features, You are prohibited from:
- use the Platform to carry out or support an action that is contrary to the provisions of Applicable Law;
- intentionally and without right or unlawfully interception or tapping the transmission of electronic information and/or electronic documents or electronic information and/or electronic documents belonging to other users or Us;
- intentionally and without right or against the law in any way changes, adds, reduces, transmits, damages, deletes, moves or hides electronic information and/or electronic documents listed on the Platform, whether private or public;
- intentionally and without right or unlawfully carry out any action that results in disrupting other users' access to the Platform;
- intentionally and without right or unlawfully sub-license, produce, sell, provide for use by other parties, distribute, provide or acknowledge ownership of the Platform, Features or other intellectual property rights belonging to Us;
- intentionally and without right or unlawfully manipulate, change, remove, damage part or all of the Platform;
- utilize the Platform and/or Features to carry out actions that violate third party rights and violate the provisions of Applicable Law;
- use programs or do anything that can access, search for or obtain information that is not Your righ,t from the Platform;
- disrupt the continuity or damage the server or network connected to the Platform or ignore standard procedures, rules or Laws Applicable to Internet connections;
- attempting to access parts of the Platform that You do not have the right to access;
- commit acts of plagiarism or publish content or material displayed on the Platform without permission from Us or the relevant third party or without including the identity of Us or the relevant third party as the copyright holder for the content or material;
- carry out or attempt to reverse engineer, compile, disassemble the programming code or
- carrying out, ordering, participating in, providing assistance or giving the opportunity to carry out activities that violate the law, violate these Terms and Conditions, violate third party rights, or act in bad faith while accessing the Platform.
- We have the right to sue civilly or carry out criminal legal proceedings for all prohibited acts as mentioned in this Article and these Terms and Conditions as a whole.
- In the event that when using the Platform You violate the provisions of the Applicable Law, or these Terms and Conditions, We, based on Our own discretion, also have the right to restrict access or delete Your Account by notifying You via e-mail within 2x24 hours before the restriction or Account deletion is carried out. If You feel that there is an error in restricting access or deleting Your Account, You can contact Us via Contact Us Service, no later than 7 (seven) days after We limit access to or delete Your Account.
- Limitation of Liability and Indemnification
- By accessing and using the Platform and its Features, You understand that the Services, Materials, or content displayed or the information contained on the Platform do not always meet Your expectations.
- We always strive to keep Our platform safe, comfortable and functioning well. However, We cannot guarantee that this Platform will operate continuously or that access to Our Platform will always be perfect.
- YOU HEREBY AGREE THAT YOU USE OUR PLATFORM AT YOUR OWN RISK, AND THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND CANNOT BE CHANGED, MODIFIED OR ADJUSTED BY YOUR SPECIFIC REQUESTS.
- WE REFUSE TO GUARANTEE THAT THE PLATFORM AND FEATURES WILL OPERATE UNINTERRUPTED OR THAT SUCH PLATFORM AND FEATURES WILL BE FREE OF MILD DEFECTS OR ERRORS THAT WILL NOT MATERIALLY AFFECT SUCH PERFORMANCE, OR THAT ALL FEATURES CONTAINED ON THE SITE ARE DESIGNED TO MEET ALL OF YOUR REQUIREMENTS.
- We refuse to guarantee that all Services provided by Us, including the platform and features therein, will always be available and can be used optimally in countries other than Indonesia. If You use the Platform, and/or Features from a jurisdiction other than Indonesia or if You are a foreign citizen, You are fully responsible for use including restrictions on use in accordance with applicable law in such jurisdiction and Your jurisdiction as an individual.
- Any damage that occurs to Your computer network, mobile phone, application or other device as a result of using the Platform is Your sole responsibility, to the extent permitted by Applicable Law.
- You hereby declare that any information You provide in connection with Personal Data is true and factual.
- the extent permitted by Applicable Law, We hereby are not responsible and You agree not to submit a claim to Us for any consequences, losses and/or damages that occur due to but are not limited to:
- purchasing goods from Merchants;
- Services provided by Merchants at Merchant Outlets;
- special terms and conditions imposed by each Merchant;
- negligence or errors made by You while accessing and/or using the Platform and/or Features;
- use of the Platform and/or Features that is not in accordance with these Terms and Conditions or other derivative provisions;
- Your violation of a third party's intellectual property rights;
- communications or interactions between You and the Merchant;
- disruptions, bugs, inaccuracies and defects on the Platform as long as We have carried out reasonable efforts necessary to repair the Platform;
- damage to Your computer network, mobile phone or electronic devices due to use of the Platform;
- Your negligence in maintaining Account security, including if there is misuse of Your Account by another party who has access to Your Account;
- viruses or other dangerous things obtained by accessing the Platform and/or Features; And
- hacking by a third party on Your Account as long as We have implemented reasonable security procedures for the Platform and/or Features.
- If there is a delay, postponement or inability to implement the Services via the Platform caused by an event beyond Our control (force majeure), including but not limited to: natural disasters, including: floods, tsunamis, earthquakes, landslides, storms , fire; war; rebellion; sabotage; terrorism; blockade; riots or disturbances; attack; work ban; and other industrial or labor disruptions; pandemic or epidemic; power outages, network or telecommunications problems; disruption or malfunction of the cloud or computer system used by Us in providing the Platform, changes to or new government regulations which cause the provision of Services to be unable to be carried out, all of which have a direct and material impact on the provision of Services via the Platform, then We cannot be held responsible response to delays, postponements, or inability to carry out Services via the Platform due to events beyond its control.
- You hereby agree that You will release Us from claims for compensation and protect Us, including Our affiliates, from any claims or demands, including reasonable legal costs, submitted by third parties arising from Your violation of these Terms and Conditions, improper use of Our platform and/or Your violation of Applicable Laws or Your violation of third-party rights.
- For the purposes of this Article, affiliate means (i) in relation to a legal entity: another party that, directly or indirectly controls, is under common control with or is controlled directly or indirectly by Us, or (ii) in relation to individuals, anyone who has an employment relationship or acts as Our representative or proxy.
- In the event that for any reason You are entitled to obtain a reimbursement or compensation from Us, the amount of such reimbursement will not be more than the last service fee You paid.
- Dispute Settlement
- All disputes that arise between You and Us in connection with the implementation of these Terms and Conditions are resolved by deliberation and consensus, within 30 (thirty) days after the dispute is informed by one party to the other party. If it is addressed to Us, then notifications regarding disputes are provided to Us according to the information stated in Contact Us.
- Before contacting Us directly to negotiate a resolution of a problem or dispute, You agree not to publish or write articles in online or print media regarding the problem that could harm Us.
- If an agreement cannot be reached by deliberation and consensus within the time period referred to in Article 14.1 of these Terms and Conditions, then a civil lawsuit must be filed through the Tabanan District Court.
- While the dispute is in the process of being resolved, You are obliged to continue to carry out the obligations that You must fulfill according to these Terms and Conditions.
- Miscellaneous
- These Terms and Conditions are created, implemented, subject to and interpreted based on the provisions of the laws of the Republic of Indonesia.
- These Terms and Conditions include terms of access to the Platform which act as a legal agreement between Us and You. You may not transfer Your rights and obligations under these Terms and Conditions to any third party.
- We always strive to provide the best service for You in accessing Our Platform so We reserve the right to make changes to these Terms and Conditions to adapt to business developments and the provisions of Applicable Law. Changes to these Terms and Conditions from time to time will be notified to You before the changes become effective. If You do not agree with these changes, We have the right to limit or terminate Your access to the Platform.
- If there is a provision or part of these Terms and Conditions that is unlawful, unenforceable or becomes invalid, then that provision or part will be deemed to be deleted from these Terms and Conditions and We will adjust the provision so that it can be implemented, with the other provisions of These Terms and Conditions will remain in full force and effect.
- These Terms and Conditions can be translated into other foreign languages other than Indonesian provided by Us. It is possible that some parts of these Terms and Conditions have different meanings, purposes or meanings when translated into other foreign languages. If there are differences in interpretation between the Indonesian version and the foreign language version, the Indonesian version will prevail and You are obliged to refer to the Indonesian version.
- Contact Us
If You experience problems while using the Platform, You can contact Us via e-mail admin@farmbrew.co, Whatsapp to +62 812 908 2908, or telephone to +62 812-9012-2680 during operational hours, that is from Monday-Friday 09.00 to 17.00 Central Indonesian Time. To enable Us to improve Our Services and to facilitate the process of resolving complaints from You, We may take not or record all correspondence between You and Us.
Layanan Pengaduan Konsumen Direktorat Jenderal Perlindungan Konsumen dan Tata Tertib Niaga Kementerian Perdagangan RI
Address: Building I 3rd Floor, Jl. M.I. Ridwan Raiz No. 5, Central Jakarta 10110. WhatsApp Number of Ditjen PTKN: 0853-1111-1010..