Welcome to Jarvin Application of Kenangan Group!
Kenangan Group provides this Jarvin Application of Kenangan Group (the “Application”) to facilitate the relevant parties in supporting Kenangan Group’s business and operating activities, subject to the Terms and Conditions set forth hereinbelow. Before using any services in the Application (the “Service”), Users of the Application are encouraged to carefully read and agree to these Terms and Conditions and the Privacy Policy (as the case may be) as they may affect Users’ rights and obligations under the prevailing law.
The Application has multiple users, depending on their respective background, to support Kenangan Group’s business and operating activities, among others (the “Users”):
( a ) Employee(s) of Kenangan Group who is involved in, and in charge of, operating activities, inter alia, Baristas, Supervisors, Store Managers, Area Managers and Operation Managers;
( b ) Suppliers or vendors who are partnered with Kenangan Group;
( c ) Other third or independent parties (which shall include any agent, contractor, partner and such other party providing any services to Kenangan Group, undertaking assignments on behalf of Kenangan Group, or any party with whom Kenangan Group has commercial cooperation); and
( d )Employee of Kenangan Group or other person defined as a “User” by Kenangan Group.
Kenangan Group refers to the aforementioned types of Users for the purpose of these Terms and Conditions. Irrespective of the type of Users, these Terms and Conditions constitute a legal agreement entered into directly between User and Kenangan Group and set out the rules for the use of the Service. Kenangan Group may further establish additional terms of use based on the type of User and/or the Service, which shall form an integral part hereof.
By using the Application, Users are deemed to have read, understood and agreed to the entire content hereof as well as the additional Terms of Use of Jarvin Application of Kenangan Group which form an integral part hereof (together, the Terms of Use of Jarvin Application of Kenangan Group, the additional Terms of Use of Jarvin Application of Kenangan Group, and any amendments hereto and thereto are referred to herein as the “Terms and Conditions”). Even though it is an integral part, the additional Terms and Conditions shall prevail in the event of any inconsistency with these Terms and Conditions.
These Terms and Conditions shall become effective as of the date set forth herein. Kenangan Group may at any time amend, supplement, remove, modify and/or update these Terms and Conditions by publishing the revised version of the Terms and Conditions on the Application, and in the event of any material changes, Kenangan Group will change the date first above written; and Users shall waive any rights they may have to receive any special notice of such changes or modifications. Accordingly, Kenangan Group advises Users to check these Terms and Conditions page from time to time for such changes, if any. Such changes shall take effect on its publication on the Terms and Conditions’ page, and Users’ continued used of the Application after such changes have been posted shall indicate Users’ acceptance of the revised version of the Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY CAREFULLY. BY ACCESSING, USING THE APPLICATION, OPENING A JARVIN ACCOUNT WITH KENANGAN GROUP, USERS ARE DEEMED TO AGREE TO ACCEPT, AND BE BOUND BY, THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY. IF USERS DO NOT AGREE TO ANY OR ALL PARTS OF THESE TERMS AND CONDITIONS AND/OR THE PRIVACY POLICY, DO NOT USE THE APPLICATION OR OTHERWISE OPEN AN ACCOUNT ON THE APPLICATION.
Users hereby represent to have the capacity and is capable to enter into a legal agreement. Users expressly waives any rights they may have under the law to revoke or withdraw any and all consents previously provided by them hereunder when Users are deemed legally mature..
Registration is completed by submitting any data and information required by Kenangan Group. If the registration is approved, Kenangan Group will create a User account (the “Account”) and generate a user name and password which can be used by the User to access the Application and use the Service.
The Account can only be used by User and cannot be transferred to any other person for any reasons. Kenangan Group reserves the right to refuse for facilitating any use of the Service if it becomes aware or has sufficient reasons to suspect that User has transferred or let the Account to be used by any other person.
Kenangan Group shall, without prior notice to the Users, be authorized to take any necessary actions for any alleged violation of these Terms and Conditions and/or the Privacy Policy and/or any applicable law, i.e., Account suspension and/or deletion of the Account.
In using the Application and/or the Service, Users shall not:
( a ) create and/or use any devices, software, features and/or tools aimed at manipulating the Application’s system, including, but not limited to: (i) Application data manipulation; (ii) crawling/scraping; (iii) transaction automation; and (iv) any other activity which could reasonably be called a form of system manipulation;
( b ) misuse or use the Application or the Service for any fraudulent purpose (which shall include fabricating any data and information required to be submitted by the User in the Service), cause any inconvenience to others, take any other actions which may, or are expected to, cause any harms to others;
( c ) remove any copyright, trademark or other proprietary notice included in the Application (if any); and
( d ) use and/or access the Application in an unauthorized manner to impair, disable or harm any aspect of the Application, the Service, or any connected systems or networks.
Users shall be solely responsible for keeping their Account confidential for all activities that occur under their Account.
Kenangan Group encourages Users not to provide any such data or other important data to any persons claiming to request the same on behalf of Kenangan Group, or to any other persons with whom the security thereof cannot be guaranteed.
Users agree to notify Kenangan Group of any unauthorized use of their passwords or Account. Kenangan Group will take any actions it may deem necessary and practicable against such unauthorized use.
Users hereby represent that Kenangan Group, its holding company, subsidiaries, affiliates, directors and/or employees shall not be held liable for any losses or disruption arising from any misuse of the Account due to User’s negligence, including, but not limited to, sharing of, or granting access to, the Account, to any persons, accessing links provided by any persons, providing or disclosing username, password or email to any persons, and such other negligence committed by Users which could harm or disrupt the Account. In such event, Kenangan Group shall consider any use under the Account as User’s authorized use.
Users shall be liable for any losses suffered by Kenangan Group arising from any misuse of the Account due to User’s negligence, including, but not limited to, sharing of, or granting access to, Account, to any persons, accessing links provided by any persons, providing or disclosing username, password or email to any persons, and such other negligence committed by the User which could harm or disrupt the Account.
By using the Application or providing information thereon, Users agree that Kenangan Group may collect, use, disclose and/or process any of their personal information or data. The collection, storage, processing, use and sharing of User’s personal information, such as email address and mobile number that Users provide when opening an Account, shall be subject to the Privacy Policy (as relevant) which constitutes an integral part hereof.
Users can deactivate their account by submitting a written request to Kenangan Group. Regardless of the deactivation, Users remain liable and responsible for any of their obligation(s) (whether incurred prior to such deactivation or thereafter). Kenangan Group, its holding company, subsidiaries, affiliates, directors and/or employees are not liable for, and shall not be held liable for, any losses arising out of any action taken in accordance herewith. Users disclaim any and all claims arising out of any actions of Kenangan Group, its holding company, subsidiaries, affiliates, directors and/or employees. If Users deactivate their Account, Kenangan Group may determine or set consequences for the deactivated Account.
The Service enables Users to submit relevant information, text, file, photos and other materials (collectively, the “User Content”) and to share the same to others.
Kenangan Group manages a limited, non-exclusive and non-transferable service (save for its business sale and transfer) to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display User Content for purposes designated in Kenangan Group’s Privacy Policy.
Users acknowledge and agree to have all requisite rights to submit User Content without infringing any third party’s rights. Users agree that Kenangan Group has no control over, and does not accept any responsibility for, User Content, and that by using the Service, User may be exposed to User Content or feedback lodged by other Users or which causes Users to experience things which are offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical error or other unintentional mistake or error. Users agree to indemnify, defend and hold Kenangan Group harmless against all claims arising out of any User Content that Users submit through the Service.
Users shall keep the confidentiality of all information and data relating to Kenangan Group, the Application, the Service, products, business affairs, marketing and promotional plans or other operations and its related companies which are disclosed to the Users by, or on behalf of, Kenangan Group (whether verbally or in writing, and either before, on, or after the date hereof), or which are obtained by the Users, directly or indirectly, from Kenangan Group or any of its affiliates, or which are made during the term hereof. Further the Users undertake to only use such confidential information to use the Service, and will not, without the prior written consent of Users, disclose such information to any third party or otherwise use the same for any other purposes.
The above confidentiality provisions shall not apply to the extent Users can demonstrate that the relevant information:
was already in the possession of Users at the time of receipt;
is or thereafter becomes known to the general public through no breach or negligence of Users;
was or is received from a third party having the authority to disclose the same; or
is required to be disclosed by the law.
Users grant to Kenangan Group the right (1) to allow Kenangan Group’s Service to use the processor, bandwidth, and storage hardware on User’s device in order to facilitate the operation of the Service, (2) to provide Users with any other information, and (3) to allow any business partners of Kenangan Group to do the same. In any part of Kenangan Group’s Service, User Content, including its selection and placement, may be influenced by commercial considerations, including Kenangan Group’s agreements with third parties.
If Users provide any feedback, idea, or suggestion to Kenangan Group relating to Kenangan Group’s Service or User Content (“Feedback”), Users acknowledge that such Feedback is not considered confidential, and Users authorize Kenangan Group to use it without restriction and without payment to the Users. Feedback is considered a type of User Content.
IN NO EVENT SHALL KENANGAN GROUP, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, REPLACEMENTS, SUCCESSORS, , OR SUPPLIERS BE LIABLE FOR:
ANY UNFORESEEABLE LOSSES OR DAMAGES (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES), SAVE FOR ANY FORESEEABLE AND ACTUAL LOSSES AND DAMAGES WHICH ARE RESULTING FROM KENANGAN GROUP’S NEGLIGENCE;
ANY:
( A ) LOSS OF USE;
( B ) LOSS OF DATA;
( C ) LOSS OF BUSINESS;
( D ) LOSS OF PROFITS; OR
( E ) DEVICE FAILURE,
TO THE EXTENT THAT USERS CAN PREVENT THE SAME BY FOLLOWING KENANGAN GROUP’S ADVICE TO IMPLEMENT UPDATES TO THE APPLICATION OR THE CONTENT, OR IF SUCH DAMAGES ARE CAUSED BY USER’S FAILURE TO FOLLOW THE PROPER INSTALLATION GUIDELINES OR OTHERWISE NOT HAVING THE MINIMUM SYSTEM REQUIREMENTS RECOMMENDED BY KENANGAN GROUP.
IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION, DEVICE, THIRD-PARTY APPLICATIONS OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER KENANGAN GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSES;
THE NON-PERFORMANCE OR INADEQUATE OR DELAY IN THE PERFORMANCE OF ANY CONTRACTUAL OBLIGATIONS DUE TO ANY FORCE MAJEURE EVENTS WHICH ARE REASONABLY UNFORESEEABLE BY, OR BEYOND THE REASONABLE CONTROL OF, KENANGAN GROUP.
THIS ARTICLE SHALL REMAIN IN EFFECT TO THE EXTENT PERMITTED BY THE APPLICABLE LAW. USERS MAY BE ENTITLED TO OTHER REMEDIES UNDER THE PREVAILING LAW OF THEIR APPLICABLE JURISDICTION IN ADDITION TO THOSE PROVIDED ABOVE.
Kenangan Group continuously strives to keep Kenangan Group’s Service safe, satisfactory and functioning properly, however, Kenangan Group does not warrant the continuous operation of, or access to, the Service, will work perfectly all the time. Information and data on the site and/or the Application may not be available in real time.
Users agree that they are utilizing Kenangan Group’s Service at their own risk, and that Kenangan Group’s Service is provided to Users on an “AS IS” and “AS AVAILABLE” basis, and to the extent permitted by the applicable law, Kenangan Group disclaims all representations, warranties, and undertakings relating to the Application or the Service and the use thereof (including, without limitation, any implied warranties of satisfactory quality, fitness for a particular purpose, and/or the use of due care and diligence).
Kenangan Group does not assume any obligation, including to take any further action or any legal action as Users deem necessary, on any matters or disputes arising out between Users and any third parties relating to the Service.
To the extent permitted by the applicable law, Kenangan Group (including its holding company, subsidiaries, affiliates, directors and employees) shall not be liable for, and Users agree not to hold Kenangan Group, its holding company, subsidiaries, affiliates, directors and employees liable for, any damages or losses (including, but not limited to, loss of revenue, goodwill, profits or any other intangible losses) which, directly or indirectly, arising out of:
Users shall indemnify Kenangan Group, its holding company, subsidiaries, affiliates, directors and/or employees from any claims for compensation, and hold Kenangan Group, its holding company, subsidiaries, affiliates, directors and/or employees harmless from any claims or demands, including reasonable legal fees, made by any third party, arising out of User’s breach of these Terms and Conditions and/or the Privacy Policy, improper use of the Application and/or User’s violation of any laws and regulations, or infringement of any third party’s rights.
Users may contact Kenangan Group if there are problems in using Kenangan Group’s Application.
Subject to these Terms and Conditions, Kenangan Group may amend, modify, suspend or terminate the Application or the Service or any part thereof, at any time and for any reasons. Users shall not duplicate or frame any or all parts of the Application, vary or modify the Application or create another version of the Application aimed at creating any similar competing products or services using any ideas, features, functions or graphics similar to the Application. All proprietary content, trademarks, Service marks, brand names, logos and other intellectual property rights displayed on the Application are registered under Kenangan Group’s name, its affiliates or licensors. Users may not republish, sell, lease or sublicense, reproduce, use, or copy any material from the Application, or redistribute any content of Kenangan Group or any of its affiliates (unless those specifically made for redistribution).
Kenangan Group may at any time update the Application. The official Application software is now available for download on Android, subject to change of requirements for the system, and for use on mobile or tablet devices only. Downloading the Application from any sources other than the official digital market and/or to devices other than mobile phones or tablets shall constitute a violation of these Terms and Conditions and an infringement of our intellectual property rights. Kenangan Group encourages Users to update the Application from time to time. There is a possibility that the Application is not compatible with the Android version that Users have installed on their devices. For such purpose, Users shall at all times receive updates to the Application as they become available. Kenangan Group can stop providing the Service through the Application and may terminate the use thereof at any time without notice of termination to the Users. Accordingly, upon such termination, all rights and licenses granted to the Users herein (if any) shall terminate, and Users must stop using the Application and delete the same from their device.
These Terms and Conditions do not constitute a sales agreement and do not grant Users any proprietary rights in or to the Service, software and/or the Application, or any other intellectual property rights of Kenangan Group, its affiliates and/or licensors. The name, logos of Kenangan Group, the Service, software and/or the Application and any third party’s logos related to software and/or the Application are the trademarks of Kenangan Group, its affiliates or the relevant third party, and no rights or licenses are granted for the usage thereof.
To exhibit good customer service of Kenangan Group to the Users, the Application will require registration for an Account by selecting a unique user identification and password, and the provision of User’s personal information. Users are required to keep their identity and the Account password confidential and log out from the Account at the end of each session. Please immediately notify Kenangan Group of any unauthorized use of the Account and ensure that the Account information is accurate and up-to-date. Users shall be solely responsible for any activities that occur under the Account, even if such activities or uses were not committed by them. Kenangan Group, its holding company, subsidiaries, affiliates, directors and/or employees shall not be held liable for any losses or damages arising from unauthorized use of Users’ password or Users’ failure to comply with this paragraph. Kenangan Group reserves the right to refuse to provide Users with access to the site or the Service or to allow Users to open an Account for any reason.
Please note that the use of the Application requires an active internet connection, and Users shall therefore ensure that their mobile phone or tablet has it when using the Application, whether those provided by User’s mobile network operator, or via Wi-Fi. The Application shall function optimally if Users have access to a Wi-Fi network and available internet quota as well as a stable internet connection, otherwise, it will not function, and Kenangan Group, its holding company, subsidiaries, affiliates, directors and/or employees shall not be held liable therefore. It is possible that User’s mobile network provider charges data during connection while using the Application, and by using the Application, Users shall bear such charges, including data roaming charges when it is used outside of their home region (i.e., region or country) without turning off data roaming.
Users understand and agree that these Terms and Conditions constitute an electronic agreement, and Users action of clicking on “login” tab when accessing the Account constitute User’s active consent to enter into the agreement with Kenangan Group, and accordingly these Terms and Conditions and the Privacy Policy shall be valid and legally binding and remain in effect throughout User’s use of the Application and the Service. Users shall not make any claims or raise any objections to the validity of these Terms and Conditions and the Privacy Policy made in electronic form.
Users may not assign any of their rights hereunder without the prior written consent of Kenangan Group. However, Kenangan Group may assign any of its rights hereunder at any time to any other parties without the prior written consent of, or prior notice to, Users.
The failure of Kenangan Group to promptly take any actions with respect to any conduct of Users which does not comply with, or breaches, any terms hereof, shall not operate as a waiver of the right of Kenangan Group to take any necessary actions thereafter. These Terms and Conditions survive any temporary suspension, permanent suspension, deletion of the Application or the expiration hereof between Users and Kenangan Group.
If any provision of these Terms and Conditions shall be held invalid or unenforceable, the validity, enforceability and validity of the remaining provisions hereof shall not be affected or impaired thereby.
For the Users who access the Application from Malaysia jurisdiction, the Users agree that these Terms and Conditions and Privacy Policy 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 these Terms and Conditions or the Service 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 the Users and Kenangan Group (the “Arbitrator”). If the Users and Kenangan Group 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 the Users and Kenangan Group, 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.
For the Users who access the Application from Singapore jurisdiction, these Terms and Conditions and Privacy Policy shall be governed by Singapore 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 Singapore International Arbitration Centre (“SIAC”), in accordance with the SIAC Regulations 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 chairman of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, 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 for this arbitration clause to be enforceable under applicable law.